(a)

If a person, firm, or corporation is delinquent in paying a civil fine, costs, or a justice system assessment imposed by the City of Ypsilanti's administrative hearings bureau, that person is not eligible to apply for any zoning authorization under the City of Ypsilanti's zoning ordinance, including but not limited to, the following zoning authorizations:

(1)

A zoning amendment under article III "development procedures and administration," division 4 "amendments."

(2)

A variance under article III "development procedures and administration," division 5 "variances and appeals."

(3)

Site plan review or amendment to an approved site plan under article III "development procedures and administration," division 2 "permits," subdivision i, "zoning compliance."

(4)

A special use permit or to amend a special land use under article III "development procedures and administration," division 2 "permits," subdivision II, "special land uses."

(5)

A planned unit development under article VII, division 1 "planned unit development."

(6)

A site condominium subdivision project under article VII, division 2 "site condominium subdivisions."

(7)

An application for occupation, construction or substantial improvement in a floodplain under article VII, division 3 "flood damage prevention."

(b)

Subsection (a) above does not apply if:

(1)

If the applicant for zoning authorization became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure and is one (1) of the following:

(i)

A government-sponsored enterprise. As used in this subsection, "government-sponsored enterprise" means the term as defined in 2 USC 622(8), or the Michigan state housing development authority created under the state housing development authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c.

(ii)

A financial institution. As used in this subsection, "financial institution" means that term as defined in section 4(c) of the Michigan Strategic Fund Act, 1984 PA 270, MCL 125.2004.

(iii)

A mortgage servicer. As used in this subsection, "mortgage servicer" means that term as defined in section 1a of the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651a, that is subject to the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651 to 445.1684.

(iv)

A credit union service organization that is organized under the laws of this state or the United States.

(2)

If the application for zoning authorization will correct, in whole or in part, the blight violation that was the subject of the delinquent payment referred to in subsection (a).

No officer, agent, employee, or member of the city council, planning commission, or zoning board of appeals shall render themselves personally liable for any damage that may accrue to any person as the result of any act, decision, or other consequence or occurrence arising out of the discharge of their duties and responsibilities pursuant to this chapter.

It is hereby expressly declared that nothing in this chapter shall be interpreted or construed to give or grant to any person, firm or corporation any vested right, license, or privilege in the continuation of any particular use, zoning classification or any permissible activities therein. Such provisions are hereby declared to be subject to subsequent amendment, change or modification as may be necessary for the preservation or protection of public health, safety and welfare.

Fees for the review of applications and inspections, where required by this chapter, shall be established and may be amended by resolution of city council. Such fees are nonrefundable unless noted otherwise.

(a)

It is recognized that there exists within the districts established by this chapter uses of land which were lawful before this chapter was passed or amended, but which would be prohibited or restricted under the terms of this chapter.

(b)

It is the intent of this chapter to permit these nonconformities to continue until they are removed, abandoned, or brought into compliance with this chapter but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts. It is further the intent of this chapter that nonconforming buildings, structures, or lots shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited in the district.

(c)

It is further recognized that certain nonconforming uses are not necessarily contrary to the public health, safety and welfare and that such uses were lawful at the time of their inception, and that no useful purpose would be served by the strict application of the elimination of lawful nonconforming use status. Therefore, two classes of nonconforming uses are designated, being class A and class B. All nonconforming uses are classified as class B nonconforming uses unless designated class A nonconforming uses.

Any class B nonconforming use which existed lawfully at the time of the adoption of the ordinance from which this chapter derives and which remains nonconforming and any such use which becomes nonconforming upon the adoption of this article, or of any subsequent amendments thereto, may be continued, subject to the regulations in this article.

A nonconforming lot is a lot of record or a lot described in a deed or land contract existing at the effective date of the ordinance from which this chapter derives that does not meet the minimum area or lot dimensional requirements of the district in which the lot is located. The following regulations must apply to any nonconforming lot:

(a)

Use of nonconforming lot. Any nonconforming lot must be used only for a use permitted in the district in which it is located.

(b)

Single lot of record. A principal structure and customary accessory structures may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision must apply even though such lot fails to meet the requirements for area or width or both, that are generally applicable in the district, provided that yard setback dimensions and requirements other than those applying to area or width of the lot must conform to the regulations for the district in which such lot is located. However, no more than one dwelling unit must occupy any lot except in conformance with the provisions of this chapter for required lot area for each dwelling unit.

(c)

Variance from yard or other requirements. If the use of a legal nonconforming lot requires a variation from any yard or other requirements, other than lot area or width, then such variance must be obtained from the zoning board of appeals.

(d)

Contiguous lots in same ownership. When two or more contiguous nonconforming lots or parts of nonconforming lots are in a single ownership at the time of, or subsequent to the adoption or amendment of this chapter, such lots must be considered to be a single lot for the purposes of this chapter, and no portion of such lot must be used, occupied, divided, or sold in any manner which would diminish compliance with minimum lot width and area requirements of this chapter.

A nonconforming use of land occurs when property is used for a purpose or in a manner which was lawfully in existence before this chapter was adopted, but has become nonconforming under the terms of this chapter or its amendments.

(a)

The nonconforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, may be continued subject to the regulations which follow:

(1)

Change. The nonconforming use of land must not be changed to any other use except to a use permitted in the district in which the land is located.

(2)

Expansion. A nonconforming use of land must not be expanded or extended beyond the area it occupies.

(3)

Moving. No such nonconforming use must be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.

(4)

Change in occupancy or ownership. A change in occupancy or ownership shall not constitute a change in use.

(5)

Abandonment. If the nonconforming use of land is discontinued for a period of 365 consecutive days, where there is an intent demonstrated by the property owner to abandon the nonconforming use, such use shall not be renewed, and any subsequent use of the land must conform to the regulations of the district in which the land is located. A nonconforming use may be determined to be abandoned if the use has ceased and one or more of the following conditions exist, that said condition(s) demonstrating intent on the part of the property owner to abandon the nonconforming use:

(i)

One or more utility meters, such as water, gas and electricity to the property, have been removed;

(ii)

The property, buildings and/or grounds are unsafe or unsanitary, as described in chapter 18, article V;

(iii)

Cessation of business operations;

(iv)

Receipt of a written declaration by the property owner.

(v)

Signs or other indications of the existence of the nonconforming use have been removed;

(vi)

Removal of equipment or fixtures that are necessary for the operation of the nonconforming use;

(vii)

Failure to maintain current licenses, certificates, permits, registrations or other appropriate documentation for the nonconforming use;

(viii)

Bank or tax foreclosure;

(ix)

Operation or maintenance of a permitted or different use at the property; or

(x)

Other actions or omissions, which in the opinion of the planning or building department(s), evidence an intention of the part of the property owner to abandon the nonconforming use.

(b)

A nonconforming use of land is not eligible for class A nonconforming designation.

All nonconforming uses of buildings not designated class A shall be class B nonconforming uses of buildings. Class B nonconforming uses of buildings shall comply with all the provisions of this article relative to nonconforming uses of buildings. The class B nonconforming use of a building, or building and lot in combination, may be continued subject to the following provisions:

(a)

Change in use. The nonconforming use of a building may not be changed to a different use unless the new use is permitted in that same district. Any building, or building and lot in combination, in or on which a nonconforming use is replaced by a permitted use, must thereafter conform to the regulations of the district in which it is located and the nonconforming use may thereafter not be resumed.

(1)

A building or structure used for residential purposes which is nonconforming due to the number of dwelling units contained therein may only be changed so that the number of dwelling units is decreased, or so that the use is brought into conformity with this chapter.

(2)

Notwithstanding the above, a nonconforming use of a building or structure may be changed to another nonconforming use so that the degree of nonconformity is lessened when authorized by the planning commission after a public notice and hearing in accordance with §122-323. In considering such authorization, the planning commission must consider the following:

(i)

Whether the proposed use is equally or more appropriate than the present nonconforming zoning district in which the building, structure or land is located. No change to a less appropriate use may be authorized by the planning commission.

(ii)

Whether the proposed use will interfere to a lesser extent with the use of adjoining lands or other properties in the surrounding neighborhood for the uses for which they have been zoned pursuant to the provisions of this chapter.

(iii)

The effect of the proposed use on adjoining lands and the surrounding neighborhood.

(iv)

In permitting such change, the planning commission may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter.

(v)

Where a nonconforming use of a structure, or structure and land, is hereafter changed to a more conforming use, it must not thereafter be changed to a less conforming use.

(b)

Expansion of class B nonconforming use.

(1)

The nonconforming use of any part of a building or structure must not be expanded or extended into any other portion of such building or structure.

(2)

No visible structural alteration must be made to the building or structure devoted to a nonconforming use, except repairs and maintenance work which are required to keep such building in sound condition or as required by law.

(3)

An existing structure containing a nonconforming use shall not be enlarged, constructed, reconstructed, moved or structurally altered or extended, unless the use is changed to a use which is permitted in the district in which the structure is located.

(c)

Change in occupancy or ownership. A change of occupancy or ownership shall not constitute a change in use.

(d)

Removal or destruction. If a building or structure in which a nonconforming use is being conducted is removed, destroyed, or severely damaged to the extent that the cost of restoration of the structure exceeds 100 percent of the state equalized value (SEV) or 50 percent of a higher value established by the most recent appraisal of the structure exclusive of the foundation and land, the nonconforming use shall not be renewed, and any subsequent use of the premises must conform to the use regulations of the district in which the premises are located. Single-family homes on individual lots that are considered a non-conforming use in the NC, neighborhood corridor zoning district, shall be allowed to be rebuilt regardless of the amount of damage done to the structure so long as the rebuilt building is not enlarged or expanded. Single-family and two-family homes on individual lots that are considered a non-conforming use in the PMD, production, manufacturing, and distribution zoning district, shall be allowed to be rebuilt regardless of the amount of damage done to the structure so long as the rebuilt building is not enlarged or expanded.

For the purpose of calculating a fair and equitable cost of restoration regulated by this section, the average of two bid estimates from licensed contractors must be used. All work requiring permits under state and local regulations, and materials necessary to bring the structure up to current code must be included. Clean up costs, demolition, furnishings, appliances, and site work, i.e., landscaping, fencing, paving, shall not be included. The actual repair and reconstruction may be done by the owner or contractor of their choice.

(e)

Abandonment. If the nonconforming use of land is discontinued for a period of 365 consecutive days, where there is an intent demonstrated by the property owner to abandon the nonconforming use, it must not thereafter be renewed, and any subsequent use of the land must conform to the regulations of the district in which the land is located. A nonconforming use must be determined to be abandoned if the use has ceased and one or more of the following conditions exist, that said condition(s) being deemed to demonstrate intent on the part of the property owner to abandon the nonconforming use:

(1)

One or more utility meters, such as water, gas and electricity to the property, have been removed;

(2)

The property, buildings and/or grounds are unsafe or unsanitary, as described in chapter 18, article V;

(3)

Cessation of business operations;

(4)

Receipt of a written declaration by the property owner.

(5)

Signs or other indications of the existence of the nonconforming use have been removed;

(6)

Removal of equipment or fixtures that are necessary for the operation of the nonconforming use;

(7)

Failure to maintain current licenses, certificates, permits, registrations or other appropriate documentation for the nonconforming use;

(8)

Bank or tax foreclosure;

(9)

Operation or maintenance of a permitted use or different use at the property; or

(10)

Other actions or omissions, which in the opinion of the planning or building department(s), evidence an intention of the part of the property owner to abandon the nonconforming use.

Nonconforming uses of buildings shall be designated class A provided that the planning commission finds all of the following exists with respect to the use or structure:

(a)

The use of structure was lawful at its inception.

(b)

The decision to continue the nonconforming use, if granted, will not alter the essential character of the area or neighborhood.

(c)

Continuance of the use or structure would not be contrary to the public health, safety, or welfare or the spirit of the chapter.

(d)

No useful purpose would be served by strict application of the provisions of this chapter with which the use or structure does not conform.

(e)

Nonconforming uses of buildings are subject to the following restrictions:

(1)

Change in use. The nonconforming use of a building may not be changed to a different use unless the new use is permitted in that same district. Any building, or building and lot in combination, in or on which a nonconforming use is replaced by a permitted use, must thereafter conform to the regulations of the district in which it is located and the nonconforming use may thereafter not be resumed.

(2)

A building or structure used for residential purposes which is nonconforming due to the number of dwelling units contained therein may only be changed so that the number of dwelling units is decreased, or so that the use is brought into conformity with this chapter.

(3)

Notwithstanding the above, a nonconforming use of a building or structure may be changed to another nonconforming use so that the degree of nonconformity is lessened when authorized by the planning commission after a public notice and hearing in accordance with §122-323. In considering such authorization, the planning commission must consider the following:

(i)

Whether the proposed use is equally or more appropriate than the present nonconforming zoning district in which the building, structure or land is located. No change to a less appropriate use may be authorized by the planning commission.

(ii)

Whether the proposed use will interfere to a lesser extent with the use of adjoining lands or other properties in the surrounding neighborhood for the uses for which they have been zoned pursuant to the provisions of this chapter.

(iii)

The effect of the proposed use on adjoining lands and the surrounding neighborhood.

(iv)

In permitting such change, the planning commission may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter.

(v)

Where a nonconforming use of a structure, or structure and land, is hereafter changed to a more conforming use, it must not thereafter be changed to a less conforming use.

(f)

Removal or destruction. If a class A nonconforming structure is destroyed, or severely damaged, it may be restored in conformance with the plans submitted when the status was conferred.

(g)

This designation shall run with the land.

The decision to grant a class A designation shall be made by the planning commission in writing, setting forth its findings of fact and basis for the designation. Only multiple family dwellings and/or group residence uses in R1, CN-SF, and CN-Mid shall be eligible for this designation. For changes or improvements to a class A use, site plans shall be required.

(a)

Application. An application for class A nonconforming status shall be filed with the city planner's office by the record owner of the property in question or by a person authorized to act on the record owner's behalf. The application shall consist of a completed application form, fee, and the following information:

(1)

Name, address, and telephone number of the applicant and property owner; and the interest of the applicant in the property.

(2)

Legal description, address, and tax parcel number of the subject property.

(3)

An accurate, scaled drawing of the property, showing all property lines and dimensions correlated with the legal description; the location and dimensions of all existing and proposed structures and uses on the property; any roads, alleys, easements, drains, or waterways which traverse or abut the property; and the lot area and setback dimensions necessary to show compliance with the regulations of this chapter. In most cases, a site plan or survey will meet this requirement.

(4)

The applicant shall show compliance with all applicable conditions of the City of Ypsilanti Code of Ordinances, and all applicable conditions of the International Property Maintenance Code, as adopted under chapter 18 of the City of Ypsilanti Code of Ordinances.

(5)

Other reasonable information deemed necessary by the planning commission in order to make a proper decision.

(6)

No application for class A designation shall be accepted after such time as the building has been destroyed as described in §122-349(d)or the use abandoned as described in §122-349(e).

(b)

Conditions. The planning commission may condition its approval on the following:

(1)

Screening and landscaping in keeping with community standards to ensure compatibility with adjacent uses.

(2)

Restrictions on lighting, noise, odor, or visual impact.

(3)

Signage must comply with current zoning district requirements. Existing nonconforming signs may be required to be eliminated or reduced in size and number.

(4)

Replacement of a building must not create a more nonconforming yard setback condition which would impact on conforming properties in the immediate vicinity.

(5)

Other reasonable safeguards and improvements may be imposed by the planning commission to protect conforming uses in the surrounding area.

(c)

Procedure. By the following procedure, the planning commission shall assure the public health, safety and welfare, and the spirit and purpose of this chapter:

(1)

A class A designation shall be deemed temporary until the planning commission has received written verification from the building official that the party requesting the class A designation has complied with all of the conditions set forth by the planning commission.

(2)

Once the planning commission has received written verification from the building director that the party requesting the class A designation has complied with said conditions, the class A designation shall become final, subject to other provisions of this chapter as hereafter prescribed.

(3)

No class A nonconforming use shall be resumed if it has been abandoned as defined in §122-349(e). No class A nonconforming use shall be used, altered, or enlarged in violation of any conditions imposed in its designation.

(4)

A temporary class A nonconforming use designation shall be void after six months if any conditions imposed by the designation remain outstanding, unless the planning commission grants a written request for an extension of six months. No more than two extensions may be granted.

(d)

Revocation. Approval of a class A designation may be revoked by the planning commission if the use and building is not in conformance with the approved plans, or if compliance with conditions has not been consistently demonstrated. In such case, the issue shall be placed on the agenda of the planning commission for consideration. Written notice must be given to the applicant not less than ten days prior to the meeting. The applicant must be given the opportunity to present information to the planning commission and answer questions. The planning commission may revoke the class A designation if it finds that a violation of the conditions set forth by the planning commission in their initial decision exists and has not been remedied prior to the meeting.

(Ord. No. 1334, 3-5-2019)

(a)

A nonconforming building or structure is a structure, including a sign, which was lawful on the effective date of adoption or amendment of this chapter, but which does not conform to the new chapter regulations for building type, lot area, lot area per dwelling unit, lot width, lot coverage, floor area, height, screening, off-street parking, loading space, yard, or other requirements of the zoning district in which it is located.

(b)

Nonconforming buildings and structures may be re-used and occupied by new owners or tenants if all requirements of this chapter are met and the restrictions below are met.

(c)

Nonconforming buildings and structures are subject to the following restrictions:

(1)

Expansion. Nonconforming structures may be expanded only in compliance with the following regulations:

(i)

All nonconforming structures, in any zoning district, may only be expanded in such a way that does not increase a non-conforming characteristic.

(ii)

All expansions must meet all requirements of the zoning district in which it is located, including lot coverage, heights, yard requirements, and off-street parking.

(iii)

A non-conforming building type may not be expanded.

(2)

Alterations. A nonconforming structure may be altered to decrease its nonconformity.

(3)

Moving. A nonconforming structure which is moved within a site or to another site must conform to the regulations of the district in which it is located.

(4)

Damage and removal. A nonconforming structure which is damaged by any means may be restored to its original conditions and location prior to such damage, provided such construction is completed within 18 months of the date of damage and is diligently pursued to completion. Failure to complete reconstruction results in the loss of legal nonconforming status.

(5)

Restoration or repair.

(i)

All repairs and maintenance work required to keep a nonconforming building in sound condition may be made, but such structure may not be structurally altered in a way inconsistent with the description and purpose of this article.

(ii)

If a nonconforming structure or a structure housing a nonconforming use becomes physically unsafe or unlawful or poses a threat to the public health, safety, and welfare due to a lack of repairs or maintenance, the structure may be declared by the building department to be unsafe or unlawful by reason of physical condition. Such structure may not thereafter be restored, repaired, or rebuilt except in conformity with the provisions of this chapter.

(d)

Restoration of historic structures. Restoration may be permitted of a legal nonconforming structure, designated as historic by the Ypsilanti historic district commission, which has been destroyed or abandoned, as defined in §122-349, provided the planning commission finds all of the following provisions are met:

(1)

The approved design of the restored building maintains the same design and historical character it had prior to the destruction or abandonment; or, in the case of a building that had been altered prior to destruction or abandonment, that the restored building more closely parallels the design of the original historic structure.

(2)

All reasonable attempts at eliminating or reducing the nonconforming nature of the structure have been considered and are implemented in the restoration project.

(e)

Signs of local historic significance. The city council may approve and/or amend a list of existing non-conforming signs deemed to be of local historical significance by the historic district commission. Signs deemed historically significant may be repaired, reconstructed, or relocated, subject to review and approval by the building official.

The city may acquire private property to remove a nonconformity, as provided in Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq., MSA 5.2931 et seq.), as amended.

Any building or structure must be considered existing and lawful for the purposes of this article if, on the effective date of the ordinance from which this chapter is derived, a building permit has been obtained therefore, if required; or if no building permit is required, a substantial start has been made toward construction and construction is thereafter pursued diligently to conclusion.

(a)

No nonconformity shall be permitted to continue in existence if it was unlawful at the time it was established.

(b)

The city shall maintain records of nonconforming uses and structures as accurate as is feasible for determining legal nonconforming uses and structures in existence on the effective date of the ordinance from which this chapter is derived. However, failure on the part of a property owner to provide the city with necessary information to determine legal nonconforming status may result in denial of a required or requested permit.

(a)

The city council shall have authority to amend, supplement, or change zoning district boundaries or the provisions and regulations of this chapter, pursuant to the authority and procedures set forth in Act No. 110 of the Public Acts of Michigan of 2006 (MCL 125.3101 et seq.), as amended.

(b)

Text amendments to this chapter may be initiated by a motion of the city council or the planning commission, or by the filing of an application by any interested person or organization. Changes in district boundaries may be initiated by a motion of the city council or the planning commission, or by the filing of an application by any person having a freehold interest in the subject property or by such person's designated agent.

(c)

The owner of land who has filed an application for changes in district boundaries may voluntarily offer with conditions relating to the use and/or development of land, either at the time the application is filed or may be made at a later time during the approval process. The city council may establish a period of time during which the conditions apply to the land. No employee or official of the City of Ypsilanti shall require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this Ordinance.

(d)

All proposed amendments shall be referred to the planning commission for a public hearing, review and recommendation, before action may be taken thereon by the city council.

(a)

Application. Applications for amendments to this chapter shall be filed with the city planner's office on an appropriate form provided by the city and accompanied by the required fee. No fee shall be required if a proposed amendment was initiated by the city council or planning commission. All applications for amendments to this chapter shall, at a minimum, include the following:

(1)

The applicant's name, address, and interest in the application; and the name, address, and interest of every person having a legal or equitable interest in any land which is to be rezoned. The application shall be signed by both the landowner and the applicant, if not the same.

(2)

The nature and effect of the proposed amendment.

(3)

If the proposed amendment would require a change in the zoning map, a boundary change and/or a change in building type allowed on a site designated on the zoning map, a fully dimensioned map showing the boundaries of land which would be affected by the proposed amendment, a legal description of the entire land area, a legal description of each subarea owned by a different person or organization, the present zoning of the land, the zoning of all adjacent lands, existing uses and structures on the subject property and adjacent properties, and all public and private rights-of-way and easements bounding or intersecting the land to be rezoned.

(4)

If the proposed zoning map amendment includes voluntary conditions set forth by the owner of the property, a written statement of those voluntary conditions shall be included. The "statement of conditions" shall:

(i)

Be in a form recordable with the Washtenaw County Register of Deeds or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the "Statement of Conditions" in a manner acceptable to the city attorney.

(ii)

Contain a legal description of the land to which it pertains.

(iii)

Contain a statement acknowledging that the "statement of conditions" runs with the land and is binding upon successor owners of the land.

(iv)

Incorporate by attachment or reference any site plan, diagram, or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the "statement of conditions". If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

(v)

Contain a statement acknowledging that the "statement of conditions" or an affidavit or memorandum giving notice thereof may be recorded by the township with the Washtenaw County Register of Deeds.

(vi)

Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the "statement of conditions".

(5)

If the application is for an amendment to this chapter text, a description of the proposed change, with a detailed explanation as to why the proposed amendment is needed.

(6)

All other circumstances, factors, and reasons which the petitioner offers in support of the proposed amendment.

(b)

Public hearing.

(1)

At least one public hearing on a proposed amendment shall be held by the planning commission. Notice of such public hearing shall be published at least once in a newspaper of general circulation in the City, not less than 15 days prior to the date set for the public hearing. The contents of the notice shall include the following.

(2)

Time and place of the public hearing.

(3)

A description of the proposed amendment.

(4)

The street address and legal description of any property for which a zoning change is requested, the present zoning of that property, and the proposed new zoning designation. If 11 or more adjacent properties are proposed for rezoning, individual addresses and legal descriptions are not required.

(5)

Not less than 15 days' notice of the public hearing shall be given by mail to each public utility company and railroad company owning or operating any public utility or railroad within the zoning district affected by the proposed amendment that registers its name and address with the city for the purpose of receiving such notice.

(6)

If an individual property or up to ten adjacent properties are proposed for rezoning, written notice of the public hearing shall be given the owner of the property in question, and to all owners of real property and occupants of structures within 300 feet of the property in question. The notice shall be mailed or delivered not less than 15 days before the public hearing.

(7)

Any notices served by mail require an affidavit of mailing to be filed with the planning commission prior to the public hearing.

(c)

Planning commission recommendation. following the public hearing, the planning commission shall prepare a report of its recommendations regarding the proposed amendment, and transmit such report to the city council. The planning commission may recommend changes in the amendment in order to reflect objections raised at the hearing or to correct typographical or grammatical errors. The planning commission may reduce the area of land to be rezoned as described in the public hearing notice, but may not enlarge the area of land to be rezoned.

(d)

City council action. After the planning commission has held a public hearing and has made a written report to the city council indicating their recommendation on the proposed amendment, the city council may adopt the proposed amendment, decline to adopt the proposed amendment, or may adopt it in whole or part with or without additional changes. The city council may also hold a public hearing on the proposed amendment or refer the proposed amendment back to the planning commission for further study and review or for additional public hearings. Upon the presentation of a protest petition meeting the requirements of section 4 403 of Act No. 110 of the Public Acts of Michigan of 2006 (MCL 125.3101 et seq.) an amendment to this chapter or zoning map which is the object of such petition shall be passed by an affirmative vote of not less than two-thirds members of the city council.

(e)

Publication. Following adoption of an amendment to this chapter by the city council, a notice of adoption shall be published in a newspaper of general circulation in the city within 15 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 amendment.

(3)

The place and time where a copy of the amendment may be purchased or inspected.

(a)

Text amendment. For a change to the text of the zoning ordinance, the planning commission shall consider and the city council may consider, whether the proposed amendment meets the following standards:

(1)

The proposed amendment is consistent with the guiding values of the master plan; and

(2)

The rezoning is consistent with description and purpose of the proposed district, and.

(3)

The proposed amendment is consistent with the intent of this zoning ordinance; and

(4)

The proposed amendment will enhance the functionality, transportation network or character of the future development in the city; and

(5)

The proposed amendment will preserve the historic nature of the surrounding area and of the city; and

(6)

The proposed amendment will enhance the natural features and environmental sustainability of the city; and

(7)

The proposed amendment will protect the health, safety, and general welfare of the public; or

(8)

The proposed amendment is needed to correct an error or omission in the original text; or

(9)

The proposed amendment will address a community need in physical or economic conditions or development practices; and

(10)

The proposed amendment will not result in the creation of significant nonconformities in the city.

(b)

Zoning map amendment. For a change in the zoning map, the planning commission shall consider and the city council may consider, whether the proposed rezoning meets the following standards:

(1)

The rezoning is consistent with the policies, guiding values and city framework (future land use map) of the master plan, including any subarea or corridor studies. If conditions have changed since the current master plan was adopted, the consistency with recent development trends in the area.

(2)

The rezoning sustains the site's physical, geological, hydrological and other environmental features with the potential uses allowed in the proposed zoning district.

(3)

The property proposed to be re-zoned can accommodate the requirements of the proposed zoning district.

(4)

All the potential uses and building types allowed in the proposed zoning district are compatible with surrounding uses, buildings, and zoning in terms of land suitability, impacts on the environment, impacts on the transportation network, density, nature of use, aesthetics, infrastructure and potential influence on property values.

(5)

The capacity of city infrastructure and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety, sustainability and welfare of the city.

(6)

The rezoning will not be detrimental to the financial stability and economic welfare of the city.

(7)

The rezoning not would negatively impact the condition of any nearby parcels considering existing vacancy rates, current per-square-foot lease or sale rates, and other impacts.

(8)

The rezoning is consistent with the trend of development in the neighborhood or surrounding area.

(9)

The property in question was improperly zoned or classified when this chapter was adopted or amended.

(10)

Where a rezoning is reasonable given the above criteria, a determination shall be made that the requested zoning district is more appropriate than another district or than amending the list of permitted or special land uses within a district.

(c)

Conditional zoning map amendment. For a change in the zoning map with voluntary conditions, the planning commission shall consider and the city council may consider, whether the proposed rezoning and voluntary conditions meet the following conditions:

(1)

The voluntary conditions are first offered and heard at a public meeting.

(2)

The rezoning and voluntary conditions are consistent with the policies, guiding values and city framework (future land use map) of the master plan, including any subarea or corridor studies. If conditions have changed since the current master plan was adopted, the consistency with recent development trends in the area.

(3)

The rezoning and voluntary conditions are consistent with the description and purpose of the district of the property.

(4)

The rezoning and voluntary conditions sustains the site's physical, geological, hydrological and other environmental features with the potential uses allowed in the proposed zoning district.

(5)

The property proposed to be re-zoned can accommodate the requirements of the proposed zoning district and voluntary conditions.

(6)

All the potential uses and building types allowed in the proposed zoning district under the voluntary conditions are compatible with surrounding uses, buildings, and zoning in terms of land suitability, impacts on the environment, impacts on the transportation network, density, nature of use, aesthetics, infrastructure and potential influence on property values.

(7)

The capacity of city infrastructure and services are sufficient to accommodate the uses permitted in the requested district under the voluntary conditions without compromising the health, safety, sustainability and welfare of the city.

(8)

The rezoning and voluntary conditions will not be detrimental to the financial stability and economic welfare of the city.

(8)

The rezoning and voluntary conditions will not negatively impact the condition of any nearby parcels considering existing vacancy rates, current per-square-foot lease or sale rates, and other impacts.

(9)

The rezoning and voluntary conditions are consistent with the trend of development in the neighborhood or surrounding area.

(10)

The voluntary conditions bear a reasonable and rational relationship to the property for which rezoning is requested.

(11)

The voluntary conditions shall run with the land, and may only be removed or changed through another act of rezoning.

(d)

Building type designation on zoning map. For a change in building type designation on the zoning map, the planning commission shall consider and the city council may consider, whether the proposed amendment meets the following conditions:

(1)

The building type change is consistent with the policies, guiding values and city framework (future land use map) of the master plan, including any subarea or corridor studies. If conditions have changed since the current master plan was adopted, the building type change is consistent with recent development trends in the area.

(2)

The building type sustains the site's physical, geological, hydrological and other environmental features with the potential uses allowed on the proposed property and surrounding property.

(3)

The building type change is consistent with the size, scale and character desired within the zoning district.

(4)

The property can accommodate the requirements of the proposed building type change.

(5)

The building type change is compatible with surrounding uses, buildings, and zoning in terms of land suitability, impacts on the environment, impacts on the transportation network, density, nature of use, aesthetics, infrastructure and potential influence on property values.

(6)

The capacity of city infrastructure and services sufficient to accommodate the building type change on the property in question without compromising the health, safety, sustainability and welfare of the city.

(7)

The building type change will not be detrimental to the financial stability and economic welfare of the city.

(8)

The building type change will not would negatively impact the condition of any nearby parcels considering existing vacancy rates, current per-square-foot lease or sale rates, and other impacts.

(9)

The building type change is consistent with the trend of development in the neighborhood or surrounding area.

(10)

The building type change on the property in question is consistent with the description and purpose of the district of the property.

(11)

In cases where requested building type is designed to accommodate commercial uses on the first floor in the core neighborhood, core neighborhood-mid, or core neighborhood single family districts, the parcel must be located on a corner of two or more streets.

(a)

In case a protest against a proposed rezoning is presented, duly signed by the owners, or part owners, of 20 percent of the area of land proposed to be altered, or by the owners of at least 20 percent of the area of land included with the 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 two-thirds vote of the city council. The protest petition shall be presented to the city council before final city council action on the amendment.

(b)

For purposes of the protest, publicly-owned land shall be excluded in calculating the 20 percent land area requirement.

(a)

Zoning map. Upon a conditional zoning map amendment taking effect, the zoning map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a "statement of conditions". The planning department shall maintain a listing of all lands rezoned with a "statement of conditions".

(b)

Statement of conditions. The approved "statement of conditions" shall be approved by the city attorney and then filed by the City of Ypsilanti with the Washtenaw County Register of Deeds. If a time period for compliance with conditions has been required by city council, the time period must be included in the document approved and filed with the Washtenaw County Registrar of Deeds. The city council shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the city or to any subsequent owner of the land.

(c)

Compliance with conditions. Upon a conditional zoning map amendment taking effect, the use of the land shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the "statement of conditions". Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the "statement of conditions". Any failure to comply with a condition contained within the "Statement of Conditions" shall constitute a violation of this Ordinance. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law. No permit or approval shall be granted under this Ordinance for any use or development that is contrary to an applicable "statement of conditions".

(d)

Time period for conditions. If approved with a time period for conditions, the City of Ypsilanti shall not add or alter the conditions during that time period. The landowner may request an extension of the time period from the city council. Except if an extension is granted, the land shall revert to its former zoning classification if conditions are not satisfied within the approved time period.

No petition for an amendment which has been disapproved by the city council shall be resubmitted for a period of one year from the date of disapproval, except as may be permitted by the planning commission after new and significant facts or conditions have been offered which might result in favorable action upon resubmission.

(a)

Application. An application for a variance to the provisions of this chapter shall be filed with the city planner's office by the record owner of the property in question or by a person authorized to act on the record owner's behalf. The application shall consist of a completed application form, fee, and the following information:

(1)

Name, address, and telephone number of the applicant and property owner; and the interest of the applicant in the property.

(2)

Legal description, address, and tax parcel number of the subject property.

(3)

An accurate, scaled drawing of the property, showing all property lines and dimensions correlated with the legal description; the location and dimensions of all existing and proposed structures and uses on the property; any roads, alleys, easements, drains, or waterways which traverse or abut the property; and the lot area and setback dimensions necessary to show compliance with the regulations of this chapter. In most cases, a site plan or sketch plan will meet this requirement.

(4)

Other reasonable information deemed necessary by the zoning board of appeals in order to make a proper decision.

(b)

Standards for variances. A variance from the literal enforcement of this chapter may be granted by the zoning board of appeals only if all of the following standards are met:

(1)

Literal enforcement of this chapter will pose practical difficulties to the applicant because of special conditions or circumstances which are unique to the specific property such as: exceptional shallowness or shape of the property, exceptional topographic conditions, extraordinary situation of a building or structure, use or development of an adjacent property, or difficulties relating to construction or structural changes on the site. Mere inconvenience or a desire to attain higher financial return shall not itself be deemed sufficient to warrant a variance.

(2)

Such variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same district under the terms of this chapter. Granting of the variance shall not confer upon the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.

(3)

The alleged practical difficulties on which the variance request is based have not been created by any person presently having an interest in the property.

(4)

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.

(5)

The allowance of the variance will result in substantial justice being done, considering the public benefits intended to be secured by this chapter, the individual hardships that will be suffered by a failure of the zoning board of appeals to grant the variance, and the rights of others whose property would be affected by the allowance of the variance.

(6)

A variance granted shall be the minimum variance that will make possible a reasonable use of the land, buildings, or structure.

(c)

Variances; reapplication. An application for a variance which has been denied wholly or in part by the zoning board of appeals shall not be resubmitted for a period of one year from the date of denial, except on grounds of new evidence of changed conditions found by the zoning board of appeals to be valid. The zoning board of appeals shall review any subsequent application for a variance on the conditions and circumstances which exist at the time of the subsequent application.

(d)

Variance to run with land. A variance shall run with the land and shall not become void if property is sold to a new owner. However, a variance shall become null and void if no building permit or no construction is started within one year of the approval date of the variance.

(a)

Questions first go to administrative official. All questions concerning administrative decisions under this chapter shall first be presented to the applicable city official or agency. Such questions shall be presented to the zoning board of appeals only on appeal from the decisions of the applicable city official or agency.

(b)

Filing appeal. Appeals may be commenced by a person aggrieved by the decision of any officer, department, board, agency, or bureau of the City, county, state, or federal governments by filing a notice of appeal with the city planner's office. The notice of appeal shall be signed, shall specify the requirement or decision from which the appeal is made, and shall state the specific grounds on which the appeal is based. The applicable fee shall be submitted with the notice of appeal; such fee shall be nonrefundable. Appeals shall be filed within 60 days of the decision in question.

(c)

Stay of action. An appeal stays all proceedings in the furtherance of the action appealed from unless the building department certifies to the zoning board of appeals after the notice is filed that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the zoning board of appeals or by circuit court, following written request, notice to the officer or body from whom the appeal is taken, and due cause shown.

(d)

Power to subpoena. The zoning board of appeals shall have the power to subpoena witnesses; administer oaths; compel testimony; and require the production of reports, papers, files, and other evidence pertinent to the matters before it.

(e)

Decisions regarding appeals. The zoning board of appeals may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination from which an appeal is sought. To that end, the zoning board of appeals shall have the powers of the public official or body from whom the appeal is taken.

(a)

Public nuisance. Any building or structure which is erected, altered, converted, or used, or any use of premises or land which is begun or changed subsequent to the passage of this chapter and in violation of any of the provisions of this chapter is hereby declared to be a public nuisance per se, and may be abated by order of the city council, subject to appeal to any court of competent jurisdiction.

(b)

Blight violation. A person who violates any provision of this chapter is responsible for a blight violation, subject to payment of a civil fine and costs as set forth in section 71-73. Repeat offenses under this chapter shall be subject to increased fines and costs as set forth in section 71-73. A person who violates this chapter is also subject to enforcement by the procedures, costs, and penalties set forth in Section 1-15 of the Ypsilanti City Code for blight violations.

(c)

Owner responsibility. The owner of any building, structure or premises or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation, shall be guilty of a separate offense and upon conviction thereof shall be liable for the fines provided in this chapter.

(d)

Each day separate offense. Each and every day during which a violation of this chapter shall exist shall constitute a separate offense.

(e)

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

(f)

Rights and remedies preserved, no waiver. Any failure or omission to enforce the provisions of this chapter, and any failure or omission to prosecute any violations of this chapter, shall not constitute a waiver of any rights and remedies provided by this chapter or by law, and shall not constitute a waiver of nor prevent any further prosecution of violations of this chapter.

(g)

Money received from penalties. All money received from penalties assessed shall be placed in the city's general fund.

The provisions of this chapter shall be administered and enforced by the city manager or by such person or persons, such as the city planner or building inspector, that the city manager may delegate to enforce the provisions of this chapter. All departments, officials and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter.

Typical duties and powers of the city manager, or such person or persons the city manager may delegate to act as building inspector, city planner or other agents to enforce this chapter, shall include, but not be limited, to the following:

(a)

The building inspector, or such person or persons as the city manager may delegate, shall have the power to:

(1)

Make inspections of buildings and premises necessary to carry out the duties of enforcement of this chapter.

(2)

Issue building permits.

(3)

Issue certificates of occupancy.

(4)

Conduct surveillance and issue notices of violation pursuant to this chapter.

(b)

Adequate records of permits and applications issued, inspections, violations, nonconformities, variances, construction plans, fees collected, etc., shall be maintained. Public notices shall be published as necessary.

(c)

Persons who have zoning questions shall be assisted, and when applicable, such questions shall be brought before the planning commission or zoning board of appeals.

(d)

Advice may be provided to the city council, planning commission or zoning board of appeals on petitions and applications that come before these bodies.

(e)

It shall be unlawful for the city manager or their delegate to approve any permits or certificates of occupancy for any excavation or development proposal until such plans have been inspected in detail and found to conform with this chapter, or when applicable, site plan approval has been obtained.

(f)

Under no circumstances shall the city manager or their delegate be permitted to make changes to this chapter nor vary the terms of this chapter in carrying out duties in administering and enforcing this chapter.

(g)

The city manager or their delegate shall not refuse to issue a permit when the conditions imposed by this chapter are complied with by the applicant, despite violations of any contract such as covenants or private agreements which may occur upon granting of such permit.

(a)

The purposes of development review are as follows:

(1)

To determine compliance with the provisions of this chapter;

(2)

To promote the orderly development of the city, to prevent the depreciation of land values through uses or structures which do not give proper attention to site or area protection; and

(3)

To provide consultation and cooperation between the applicant and the City in order to accomplish the developer's objectives in harmony with the spirit and intent of this chapter.

(b)

The development review procedures and standards in this article are intended to provide a consistent and uniform method of review of proposed development plans. The application of these regulations, consistent with the master plan, will ensure orderly and favorable development and redevelopment within the city.

(a)

An application for development review shall be made to the city planner along with a fee as required by the city council. The application shall, at a minimum, contain the following information:

(1)

The applicant's name, address and phone number.

(2)

Proof that the applicant is the owner of the property or has a legal or financial interest in the property, such as a purchase agreement, or a signed, notarized statement from the property owner authorizing such application.

(3)

The name, address and phone number of the owner of record if different from the applicant.

(4)

The address and/or parcel number of the property.

(5)

Brief project description, including number of structures and dwelling units, square footage of each building, number of parking spaces, estimated number of employees, and any unique features of the site or proposed development.

(6)

Area of the parcel in acres, excluding street rights-of-way.

(b)

The city planner shall review all application materials. If such materials are incomplete, they shall be returned to the applicant.

(a)

Review is required for the activities or uses as listed in the table below. Applications submitted for review may be required to submit a sketch or site plan, as well as additional documentation. The city planner may defer approval of any application to the planning commission. The planning commission or city council shall have the authority to review and to approve, approve with conditions, or deny applications as provided in this ordinance, when an "X" is in the table below. Any decision made by the city council shall be based upon recommendation by the planning commission.

(b)

Planning commission review. The planning commission in its entirety may review and approve site plans, or the planning commission may designate a subcommittee of no less than three of its members to review and/or approve site plans.

A sketch plan may be submitted for administrative reviews or as noted elsewhere in this ordinance. A sketch plan is a scaled drawing based on a legal survey containing less information than a site plan, drawn in compliance with this ordinance but not required to be prepared by a licensed professional. Sketch plans shall contain the following information:

(a)

Address of project, scale, north arrow, date of original drawing, and date of any revisions.

(b)

Name, address and phone number of the site owner, developer, and/or plan designer.

(c)

The area of the site in square feet or acres, excluding all existing and proposed rights-of-way.

(d)

Location and setbacks of existing and proposed buildings; their intended use; the length, width and height of each building; and the square footage of each building. The location and dimensions of any open air uses shall also be provided, such as recreational fields, outdoor cafes, or open air sales areas.

(e)

Parking areas and access drives, showing the number and size of spaces, aisles, loading areas, and barrier-free access ramps, and type of surfacing.

(f)

Landscape plan showing type, size, and location of all plant material. Existing vegetation which is to be retained on the site shall be illustrated.

(g)

Location of all proposed and existing accessory structures, including fences or walls, outdoor lighting fixtures, outdoor communication devices, flagpoles, storage sheds, transformers, dumpsters or trash removal areas, and signs. Also show the location of all sidewalks or pathways, fire hydrants, and utility poles.

(h)

Location of all outdoor storage areas for materials and the manner in which materials shall be screened and/or covered.

(i)

Notation of any variances or special use permits which are required, any legal nonconforming uses or structures, and any state or federal permits which have been secured or may be necessary to secure.

(j)

All of the provisions of this chapter regarding violations, amendments, expirations, and approvals that apply to site plans shall have the same effect upon sketch plans.

(Ord. No. 1334, 3-5-2019)

Each site plan submitted for review under this chapter shall be drawn at a minimum scale of one inch equals 200 feet and shall contain the following information:

(a)

Name of development, scale, north arrow, date of original drawing and any revisions, and general location map showing major thoroughfares and site location.

(b)

Name, address and phone number of the site owner, developer and plan designer, and the professional seal of the designer.

(c)

The area of the site in square feet and acres, excluding all existing and proposed rights-of-way. Property lines, dimensions, and building setback distances and dimensions of all structures and lot lines within 50 feet of the site shall also be indicated. If the parcel is a part of a larger parcel, boundaries of the total land holding shall be shown.

(d)

Existing zoning of the site and all adjacent properties.

(e)

Direction of stormwater drainage, ground elevations of all existing buildings, drives and parking lots, and any unusual surface conditions shall be provided. Indicate any areas located within floodplains.

(f)

Location of existing and proposed buildings; their intended use; the length, width and height of each building; and the square footage of each building. The location and dimensions of any open air uses shall also be provided, such as recreational fields, outdoor cafes, or open air sales areas.

(g)

Location of abutting streets, existing and proposed rights-of-way, service drives, curb cuts, and access easements serving the site, as well as driveways opposite the site and all driveways within 100 feet of the site. The centerline of road rights-of-way shall be shown.

(h)

Proposed parking areas and access drives, showing the number and size of spaces, aisles, loading areas, and handicapped access ramps. Also, the proposed method of surfacing such areas shall be noted.

(i)

Building floor plans and architectural wall elevations. The height of all buildings or structures shall be indicated.

(j)

Landscape plan in accordance with article VI, division 3 "landscaping and screening," which indicates type and size of all plant material, including all areas to be sod or seeded for grass. Existing vegetation which is to be retained on the site shall be illustrated.

(k)

Location of all proposed accessory structures, including fences or walls; outdoor lighting fixtures, including photometric study to demonstrate compliance with §122-609, outdoor communication devices, flagpoles, storage sheds, transformers, dumpsters or trash removal enclosures, and signs. Also show the location of all sidewalks or pathways, fire hydrants, existing and proposed utility poles, utility easements, and drainways.

(l)

Location of all outdoor storage areas for materials and the manner in which materials shall be screened and/or covered.

(m)

Location and specifications for any existing or proposed above or below ground storage facilities for any chemicals, salts, flammable materials, or hazardous materials as well as any containment structures or clear zones required by this chapter or other state or federal agencies.

(n)

If phased construction is to be used, each phase must be noted and each phase must stand on its own.

(o)

Notation of any variances or special use permits which are required, any legal nonconforming uses or structures, and any state or federal permits which have been secured or may be necessary to secure.

(p)

Locations of all planned easements for non-motorized pathways in the City of Ypsilanti's non-motorized plan, a 50 to 100 foot conservation and/or access easement along any Huron River frontage, and any planned road easement expansions approved by city council.

(q)

For proposals in the CN, CN-SF, CN-Mid, C, HC, NC, GC, HHS districts, the following information shall be provided:

(1)

The building type;

(2)

For proposed development of one acre or more, a circulation plan shall be submitted that identifies potential cross-and joint-access to adjacent parcels and the existing block layout. All contiguous lots shall be considered to be part of a block for this purpose. Pedestrian accommodations and alternative transportation modes shall be reflected in the submitted circulation plan, as required by §122-672.

(r)

Other data which the planning commission, city planner, or consulting engineer may deem reasonably necessary for adequate review.

(s)

The approving body, planning commission or city planner, may grant waivers of data requirements when specific data is deemed unnecessary in determining compliance of a site plan with the regulations or standards of this chapter.

(t)

In cases when a special use permit is being applied for, the city planner may grant waivers of the standard site plan data requirements when specific data is deemed unnecessary in determining compliance of a site plan with the regulations or standards of this chapter. In no case shall less information be required for this limited site plan than for a sketch plan. The submitted drawings shall be referred to as a limited site plan.

All applications required under this article shall be subject to review as follows:

(a)

Pre-application conference required for new construction. For any new construction, the applicant/property owner must attend a pre-application conference to be coordinated by the city planner. This meeting may include the building official, city attorney, city engineer, fire inspector, police chief, city manager, economic development official, planning commission member(s) and city council member(s) and any other government official deemed applicable. The city planner may consult with any of the above offices and share input at the conference. The applicant shall not be bound by the plan reviewed in a pre-application conference, nor shall the any approving authority be bound by any such conference.

(b)

Distribution of plans. Upon submission of all required application materials, the site plan proposal shall, when applicable, be placed on the planning commission agenda for review. Before the planning commission meeting, the site plan and application shall be reviewed for comment by the city department of community and economic development and any other city officials deemed necessary. The plan may also be submitted to the city engineer or city attorney for review.

(c)

Authorization. The city planner or the planning commission, as applicable, shall have the power to approve, approve subject to conditions, or deny any site plan submitted to it under this chapter. The planning commission may also table consideration of a site plan until a later meeting. The applicant shall be advised of any action in writing. A building permit shall not be issued until a site plan has been approved as required in this chapter.

(d)

Review period. The city planner or planning commission shall render a decision on a site plan within 65 days of its initial review of the site plan, unless an extension of time is agreed to by the city planner or planning commission and the applicant.

(e)

Review standards. The city planner or planning commission shall review each development proposal according to the standards for site plan review as contained in §122-311 and any other applicable regulations of this chapter. In addition, the city planner or planning commission shall consider the findings and recommendations of the department of community and economic development, and is empowered to seek the review and recommendation of appropriate county, state or federal agencies, or other professionals, consultants, or agencies deemed necessary to assist in the review.

(f)

Signature of approval. Upon approval of a development proposal, three paper copies of the plan shall be signed and dated by the city planner or the chair of the planning commission. If approval is subject to conditions, such conditions shall also be written on each of the site plans. One paper copy of the plan shall be retained by the applicant, one paper copy of the plan shall be retained by the city planner's office, and one paper and one electronic copy of the plan shall be submitted to the building department as part of the building permit review process.

(g)

Effect of approval. Approval of a development proposal authorizes issuance of a certificate of zoning compliance and issuance of a building permit, provided all other requirements for a building permit have been met. In the case of uses without buildings or structures, approval of a final site plan authorizes issuance of a certificate of zoning compliance and issuance of a certificate of occupancy, provided all other requirements for such certificates have been met.

(h)

Expiration of approval. Approval of a development proposal shall expire and be of no effect unless a building permit has been issued within one year of the date of the approval. Approval of a development proposal shall expire and be of no effect two years following the date of approval unless construction has begun on the property and is diligently pursued to completion in conformance with the approved site plan.

Plans shall be reviewed for compliance with the following general standards:

(a)

The applicant is eligible to legally apply, and all required information has been provided.

(b)

The development proposal conforms with all the provisions and requirements, as well as the spirit and intent of this chapter and the master plan. The proposed development will meet all the regulations of the zoning district in which it is located.

(c)

All elements of the site or sketch plan is harmoniously and efficiently organized in relation to the character of the proposed use, the size and type of lot, the size and type of buildings, and the character of the adjoining property. The site shall be so developed as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.

(d)

With respect to vehicular and pedestrian circulation on the site, including walkways, interior drives, and parking; circulation shall to the extent possible create potential cross-and joint-access to adjacent parcels and the existing block layout. Special attention shall be given to the location, number and spacing of ingress and egress points; general interior circulation including turnaround areas; adequate provisions for delivery of services (trash removal, school buses, mail and parcel delivery); separation of pedestrian and vehicular traffic; avoidance of building corners next to access drives; identification of addresses; storage of plowed snow; and arrangement of parking areas that are safe and convenient, and insofar as practicable, do not detract from the design of the proposed buildings and structures, neighboring properties, pedestrian and bicyclist safety, access to transit and flow of traffic on adjacent streets. All buildings or groups of buildings shall be so arranged as to permit adequate access by emergency vehicles as required by the city building code.

(e)

Streets are designed in context with the urban form and continue the established pattern of the surrounding area.

(f)

Adequate services and utilities including sanitary sewers shall be available or provided, with sufficient capacity to properly serve the development. Appropriate measures will be taken to ensure that site drainage will not adversely affect adjoining properties or the capacity of the public storm drainage system, or nearby bodies of water. Provisions shall be made to accommodate stormwater and prevent soil erosion. All stormwater management facilities, including but not limited to storm sewers and detention/retention facilities, shall be designed in accordance with the "Rules of the Washtenaw County Water Resources Commissioner," together with any special provisions established by the city.

(g)

Natural resources will be protected to the maximum feasible extent. The proposed development will not cause soil erosion or sedimentation problems, and will respect floodways or floodplains on or in the vicinity of the subject property.

(h)

The plan shall provide reasonable visual and sound privacy for all dwelling units on or adjacent to the property. Fences, walks, barriers, and landscaping shall be used, as appropriate, for protection and enhancement of the property. All outdoor storage of materials, loading and unloading areas, and refuse containers shall be screened or located so as not to be a nuisance. Outdoor lighting shall be shielded so as to not adversely affect neighboring properties or traffic on adjacent streets.

(i)

Separate phases of development shall be in logical sequence, and each phase shall stand alone so that no one phase will depend upon a subsequent phase for adequate access, public utility services, drainage, or other improvements.

(j)

Plans shall conform to all applicable requirements of state and federal statutes, including health and pollution laws, fire or explosion hazards, toxic and hazardous materials, fair housing, and barrier-free requirements. Site plan approval may be conditioned on the applicant receiving necessary county, state, or federal permits before a local building permit or occupancy permit is granted.

(k)

An objective of plan review shall be to protect and promote public health, safety, sustainability and general welfare. It is also the intent of plan review to improve the quality of existing developments as they are expanded, contracted, or redeveloped in keeping with sound site development standards of this chapter and the City master plan.

The building department shall, upon receipt of notice of approval from the planning commission or city planner and upon application by the applicant, issue a building permit provided all other applicable city regulations have been met.

(a)

A site plan may be amended upon application and in accordance with the procedures and requirements provided in §122-306.

(b)

Minor changes to a site plan may be made without following the procedures of §122-306 at the discretion of the city planner. The original approving body shall have the authority to determine if a proposed change is minor or major and if such change requires an amendment to an approved site plan. A sketch plan, meeting the requirements of §122-308 may be allowed by the original approving body for submission for review for a minor or major revision.

(c)

Major revisions would include, but not be limited to, increases in scope or density of use, land area, or building size; the addition of uses not authorized by the original site plan approval; the rearrangement or relocation of buildings or structures; changes in the character or function of drives, parking areas, and landscaping; or changes in the concept of the development.

(d)

A record of such determinations and reasons for allowing any minor amendment shall be recorded in writing. In the case of minor changes to an approved site plan, two paper copies and one electronic copy of the revised site plan or sketch plan drawing shall be submitted by the applicant showing such minor changes for purposes of city record.

All site improvements shall conform to the approved site plan. If the applicant makes any changes during construction in the development in relation to the approved site plan, such changes shall be made at the applicant's risk, without any assurance that the planning commission or city planner will approve the changes. It shall be the responsibility of the applicant to notify the city building department and the city planner of any changes. The building department, the city planner, or the planning commission, whichever is applicable, may require the applicant to correct the changes so as to conform to the approved site plan.

Upon completion of the installation of required improvements as shown on an approved site plan, the property owner shall submit to the building department an electronic and paper "as-built" site plan, certified by an engineer or architect, at least one week prior to the anticipated occupancy of any building. A certificate of occupancy shall be withheld by the building department in any case where the site plan and major conditions as approved by the planning commission or city planner have not been complied with and a performance guarantee has not been issued for incomplete improvements in accordance with §122-317.

(a)

The applicant may divide the proposed development into two or more phases. In such case, the site plan shall show the entire property involved and shall clearly indicate the location, size, and character of each phase. However, complete site plans for all phases of a project need not be provided at once. Subsequent site plans may be submitted for review and approval for each phase as the project proceeds.

(b)

Each phase of a project shall stand on its own. No phase shall rely on the completion of any subsequent phases of the project for parking, utilities, landscaping, or any other element required by this chapter.

(a)

Purpose. To ensure faithful compliance with the provisions of this chapter and any conditions imposed thereunder, a performance guarantee may be required by City staff, the planning commission, or when appropriate the city council to be deposited with the city. Improvements for which a performance guarantee may be required include, but are not limited to, landscaping, berms, screening, lighting, surfacing of drives, parking, traffic control devices, water or sewer line expansions, sidewalks, drainage, and other improvements.

(b)

General requirements. A performance guarantee may be in the form of a bond, irrevocable bank letter of credit, cash deposit, or other form of security. Such guarantee shall be provided to the city clerk, and shall be provided any time after a site plan has been approved.

(c)

Amount. The amount of the performance guarantee shall be up to 100 percent of the cost of the improvements associated with the performance guarantee. Accordingly, the applicant shall provide an itemized cost estimate of the improvements, and such estimate shall be verified by the building department. The form of the guarantee shall be approved by the city attorney.

(d)

Failure to complete improvements. If the applicant should fail to provide any of the site improvements according to the approved site plans within the time period specified in the guarantee, the performance guarantee shall be forfeited. The city shall rebate a proportional share of cash deposits only when requested by the depositor, based on the percent of improvements completed, as attested to by the depositor and verified by the building department. In cases where the provisions of this article have not been met, the amount of the aforementioned performance guarantee shall be used by the City to complete the required improvements and the balance, if any, shall be returned to the applicant.

(Ord. No. 1334, 3-5-2019)

An approved site plan shall become part of the record of approval, and subsequent action relating to a site in question shall be consistent with the approved site plan, unless the city planner, or planning commission, as applicable, agrees to such changes as provided in this article. Any violation of the provisions of this article, including any improvement not in conformance with the approved final site plan, shall be deemed a violation of this chapter and shall be subject to all penalties therein.

(a)

The formulation and execution of this chapter is based upon the division of the city into districts, within each of which certain specified, mutually compatible uses are permitted by right, and the bulk and location of buildings and structures are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district without special consideration. Such uses are essential or desirable for the welfare of the community and are essentially appropriate and not incompatible with the uses permitted by right in a zoning district; but not at every location therein, or without restrictions or conditions being imposed by reason of special problems presented by the use or its particular location in relation to neighboring properties.

(b)

This article requires special approval of such uses. The procedures and standards in this article are intended to provide a consistent and uniform method for review of proposed plans for special land uses.

The city planning commission shall have the authority to approve special uses and to attach conditions to any approved special use. Only those uses specifically listed as special uses in this chapter shall be considered for special use review and approval, except as provided for unclassified uses in §122-431(c).

(a)

An application for a special use permit shall be made by filing an application form, containing the required information, and fee with the city planner's office. The fee shall be set by resolution of the city council. No part of the fee shall be returnable to the applicant. An application for a special use permit shall contain the following information:

(1)

The applicant's name, address, and telephone number; and the names and addresses of all record owners and proof of ownership.

(2)

The applicant's interest in the property and, if not the fee simple owner, a signed authorization from the owner for the application.

(3)

Legal description and address of the property.

(4)

Reference to the section of this chapter under which the special land use permit is sought.

(5)

A description of the proposed use of the property.

(6)

A site plan, which shall include all of the information required by this chapter in §122-309. For special land uses to occupy an existing building with no building additions, the city planner may allow a limited site plan drawn in accordance with §122-309(t).

(b)

A public hearing by the planning commission shall be scheduled for within 65 days of the filing date of an application for a special use permit. The applicant or designated representative shall be present at the public hearing and any other scheduled review meetings on the proposal. Otherwise, consideration of the proposal may be tabled due to lack of representation.

(a)

Notification requirements. A notice of a public hearing shall be published in a newspaper of general circulation in the City and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. The notice shall be given not less than 15 days before the date of the public hearing. If the name of an occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organization, 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.

(b)

Contents of notification. The notice shall include the following:

(1)

Description of the nature of the special use request.

(2)

A legal description or address of the property which is the subject of the special use request.

(3)

Statement of when and where the public hearing will be held.

(4)

Statement of when and where comments will be received concerning the request.

(a)

Following the public hearing, the planning commission shall review the application for the special land use proposal, together with the public hearing findings and any reports or recommendations of the city planner, department of community and economic development, city attorney, city building inspector, or other reviewing agencies.

(b)

Approval of a special land use permit shall be based on the determination that the following standards are met:

(1)

The proposed use conforms with all the provisions and requirements of this chapter, including site plan or sketch plan review standards, as applicable, and the applicable site development standards for the specific use, as well as the spirit and intent of this chapter and the master plan. The location, scale, and intensity of the proposed use shall be compatible with adjacent uses and the zoning of the land. Height, location and size of buildings shall be compatible with uses and buildings on adjacent properties. The intensity of the proposed use, such as volume, frequency and times of operation, and its compatibility shall be considered. If nonconformities are present, all reasonable effort has been made to eliminate them.

(2)

The proposed use shall promote the use of land in a socially and economically sustainable manner and shall not be detrimental, hazardous, or disturbing to existing or future neighboring uses, persons, property or public welfare. Noise, odor, smoke and potential contamination of air, soil and water and its potential effect on neighboring uses, persons and property, as well as public welfare, shall be considered.

(3)

The proposed special land use shall be designed, constructed, operated and maintained to assure long-term compatibility with surrounding land uses. Consideration shall be given to the placement, bulk, and height of structures; materials used in construction; location and screening of parking areas, driveways, outdoor storage areas, outdoor activity areas, and mechanical equipment; nature of landscaping and fencing; and hours of operation.

(4)

The proposed special land use shall not present unreasonable adverse impacts on the transportation system. Consideration shall be given to the estimated pedestrian, bicycle and vehicular traffic generated by such use, access to transit, proximity to major thoroughfares, proximity to intersections, required vehicular turning movements, and provisions for pedestrian and bicycle traffic.

(5)

The proposed use shall not create additional requirements at public cost for public facilities and services that will be detrimental to the economic sustainability of the community.

(6)

Within the MD district, the proposed special land use will help to allow residents to access everyday needs by foot, if a similar service is not currently provided within a quarter mile walking distance.

The planning commission must approve, approve with conditions, or deny a special use permit application. The planning commission's decision, the basis for the decision, and all conditions imposed, must be described in a written statement which must be made a part of the record of the meeting.

(a)

Reasonable conditions may be required in conjunction with an approval. The conditions may include conditions necessary to ensure that 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 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 must do all of the following:

(1)

Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well-being.

(2)

Be related to the valid exercise of police power and purposes which are affected by the proposed use or activity.

(3)

Be necessary to meet the intent and purposes of this chapter, be related to standards established in this chapter, and be necessary to ensure compliance with those standards.

(b)

Failure by an applicant to comply with any such conditions is considered a violation of this chapter and grounds for special use permit revocation. Conditions of approval must remain unchanged except upon mutual consent of the City planning commission and the landowner. Any such changes must be recorded in the minutes of the city planning commission meeting at which the action occurred.

Once a special use is established, special use permits run with the land, and cannot be issued for specified periods. Special use permits may be revoked by the planning commission in accordance with §122-329.

When an application is received to expand the use, change the traffic pattern, or otherwise alter elements of a special land use, the application is subject to the same procedures followed for an original approval of special land use.

Approval of a special land use permit may be revoked by the planning commission if construction is not in conformance with the approved plans, or if compliance with special use permit conditions has not been consistently demonstrated. In such case, the issue must be placed on the agenda of the planning commission for consideration. Written notice must be given to the applicant not less than ten days prior to the meeting. The applicant must be given the opportunity to present information to the planning commission and answer questions. The planning commission may revoke the special use permit if it finds that a site plan or special use permit violation exists and has not been remedied prior to the meeting.

Any decision of the planning commission regarding a special use permit must not be appealed to the city zoning board of appeals. Such appeals must be taken to the circuit court.

No application for a special use permit which has been denied wholly or in part by the planning commission shall be resubmitted for a period of 365 days from the date of such denial, except on grounds of new evidence or proof of changed conditions found by the planning commission to be valid.

The building department, unless otherwise indicated, may issue temporary use permits for the uses listed below in any district, unless otherwise indicated, after determining that such uses will meet the standards under subsection (h) of this section and review standards for that specific use included in this section. A second temporary use permit may be issued by the building department at the end of such time limit for good cause shown. A third temporary use permit may only be authorized by the planning commission, following the noticing procedures outlined in §122-323. The building department, at its discretion, may refer any request for a temporary use permit to the planning commission.

(a)

Temporary dwellings. An individual mobile home, private garage, basement, or other temporary structure may be used as temporary living quarters for up to 60 days while a dwelling or structure is being constructed on the same premises. A temporary use permit must be issued prior to any such use.

(b)

Construction buildings. Temporary buildings for uses incidental to construction work may be authorized for a period of up to 12 months. Such buildings shall be removed within 15 days after completion or abandonment of construction work.

(c)

Signs and supplies. The storage of building supplies and machinery; temporary storage buildings; the assembly of materials and customary trade; and contractor, architect, and identification signs in connection with a construction project may be authorized by the building department for a period of up to 12 months. All signs shall meet the provisions under article VI, division 5, as well as district-specific regulations.

(d)

Seasonal uses. Seasonal temporary uses or unusual, nonrecurrent temporary uses, and associated signs may be authorized for up to 30 days. All signs shall meet the provisions under article VI, division 5, as well as district-specific regulations.

(e)

Temporary mobile food establishments. The city planner may authorize a temporary special permit to temporary mobile food establishments for no more than 200 consecutive days in one calendar year, with the following standards:

(1)

Permits expire on December 31 ^st of each year.

(2)

Temporary mobile food establishments are only permitted in center, parks, general corridor, neighborhood corridor, and health and human services zoning districts.

(3)

The area occupied by temporary mobile food establishments and their accessory materials may not occupy more than 20 percent of the required parking spaces for the principal/permanent use(s) of the site. This requirement does not apply in center or in historic corridor zoning districts.

(4)

Evidence of approval or exemption from the Washtenaw County Health Department and/or the Michigan Department of Agriculture and Rural Development, as applicable, shall be provided.

(5)

Sanitary facilities shall be provided if seating is provided. This requirement may be met via a temporary sanitary facility such as a port-a-john or via an agreement with a neighboring establishment with the same operating hours as the temporary food establishment.

(6)

Operating hours shall be no later than 10 p.m. Sunday through Thursday, and 11 p.m. Friday and Saturday; nor any earlier than 7 a.m. on any day of the week.

(7)

No outdoor amplified music, sound, or noise shall be permitted. Outdoor generators shall be identified on the sketch plan; no outdoor generators shall be permitted within 200 feet of a property that is not zoned center, parks, general corridor, neighborhood corridor, or health and human services zoning district.

(8)

All outdoor lighting shall be down-directed and fully shielded.

(9)

The temporary mobile food establishment and all accessory materials shall be located on a paved surface, or evidence submitted that placement on an unpaved surface will not increase stormwater runoff or pose an accessibility challenge for patrons who may use a mobility assistance device, such as a wheelchair or walker.

(10)

A sketch plan of the proposed location shall be provided; location of any seating, waste containers, fuel storage, sanitary facilities, lighting, generators, or other accessory materials shall be shown.

(11)

The standards in subsection (h) of this section also apply to temporary mobile food establishments.

(f)

Parking areas. Temporary special permits may be issued for the use of unimproved areas for parking for a period of up to 30 days.

(g)

Sales office for subdivision. Temporary special permits may be issued for a period of up to six months for a temporary office which is both incidental and necessary for the sale or rental of property in a new subdivision or housing project.

(h)

Standards. No temporary structure or use permit shall be authorized until the following additional standards are met:

(1)

The location and erection of any temporary structure shall conform to all of the regulations of the zoning district in which it is situated and all other applicable regulations of this chapter.

(2)

If an open-air use, it must be located on a fully paved surface, unless otherwise indicated.

(3)

The location of such use shall not be injurious to adjacent properties or the surrounding neighborhood.

(4)

The water supply and sanitary facilities of any temporary dwelling shall conform to all applicable requirements of the state health department, the county health department, and city codes and other regulations.

(5)

The following shall be taken into consideration:

(i)

The reasons and necessity for the temporary use or structure.

(ii)

The nature of the use or structure.

(iii)

The proposed location of the use or structure.

(6)

If not required above, the approving body may request a sketch plan, drawn to scale no smaller than one inch equals 50 feet, showing the location of the temporary use in relation to the lot lines and other structures.

(7)

Reasonable conditions may be required with the approval of a temporary special permit by the approving body. The conditions may include, but are not limited to, conditions necessary to ensure that public services and facilities are not adversely affected, 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.

(i)

Temporary mobile healthcare establishments. The city planner may authorize a temporary special permit to temporary mobile healthcare establishments for no more than 365 consecutive days in one calendar year, with the following standards:

(1)

Permits expire on December 31st of each year.

(2)

Temporary mobile healthcare establishments are only permitted in center, parks, general corridor, neighborhood corridor, production manufacturing distribution, and health and human services zoning districts.

(3)

The area occupied by temporary mobile healthcare establishments and their accessory materials may not occupy more than 20 percent of the required parking spaces for the principal/permanent use(s) of the site. This requirement does not apply in center or in historic corridor zoning districts.

(4)

Sanitary facilities shall be provided. This requirement may be met via a temporary sanitary facility such as a port-a-john or via an agreement with a neighboring establishment with the same operating hours as the temporary healthcare establishment.

(5)

Operating hours shall be no later than 10 p.m. Sunday through Thursday, and 11 p.m. Friday and Saturday; nor any earlier than 7 a.m. on any day of the week.

(6)

No outdoor amplified music, sound, or noise shall be permitted. Outdoor generators shall be identified on the sketch plan; no outdoor generators shall be permitted within 200 feet of a property line that is not zoned center, parks, general corridor, neighborhood corridor, production manufacturing distribution, or health and human services zoning district.

(7)

All outdoor lighting shall be down directed and fully shielded.

(8)

The temporary mobile healthcare establishment and all accessory materials shall be located on a paved surface, or evidence submitted that placement on an unpaved surface will not increase stormwater runoff or pose an accessibility challenge for patrons who may use a mobility assistance device, such as a wheelchair or walker.

(9)

A sketch plan of the proposed location shall be provided if and when requested; location of any seating, waste containers, fuel storage, sanitary facilities, lighting, generators, or other accessory materials shall be shown.

(10)

The standards in subsection (h) of this section also apply to temporary mobile healthcare establishments.

(Ord. No. 1405, § 1-10-2023)

(a)

Permit requirement. No building or structure within the city shall hereafter be erected, moved, repaired, altered or razed, nor shall any work be started to erect, move, repair, alter, or raze until a building permit has been issued in accordance with the building regulations of this Code. No building permit shall be issued unless it is in conformity with the provisions of this chapter and all amendments hereto.

(b)

Application requirements. All applications for building permits shall be submitted to the building department. The application shall be accompanied by a site plan approved by the planning commission or city planner, where applicable, when required under article III, division 2 "permits," subdivision 1 "zoning compliance."

(c)

Cancellation of permits. The building department shall have the power to revoke and cancel any permit in the event of failure or neglect to comply with all of the terms and provisions of this chapter.

(d)

Expiration of permit. All building permits shall expire six months from their date of issuance if construction has not been begun and diligently pursued. The building department may, upon a showing of due cause, extend the permit for one additional time as the building department determines to be reasonably necessary for completion. Thereafter, the applicant shall file a new building permit application, accompanied by the required fee.

(a)

Certificate required. No dwelling, building, structure or land shall be occupied or used until a certificate of occupancy has been issued for such occupancy or use, which occupancy or use shall be in compliance with this chapter, including approved site plans as applicable. No structure or land shall be occupied by a changed use or occupancy until a certificate of occupancy for the changed use has been issued.

(b)

Temporary certificate of occupancy. If the applicant can show prior substantial compliance with this chapter and can demonstrate need, the building department may issue a temporary certificate of occupancy for a period of not more than six months.

This ordinance is adopted pursuant to the authority granted the city council under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801 et seq., and the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101 et seq., as amended, to establish a planning commission with the powers, duties and limitations provided by those Acts.

The purpose of this ordinance is for the city council to confirm the establishment, under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801 et seq., of the city planning commission, formerly established under the Municipal Planning Act, MCL 125.31 et seq., to establish the appointments, terms, and membership of the planning commission; to identify the officers and the minimum number of meetings per year of the planning commission; and to prescribe the authority, powers and duties of the planning commission as provided in and subject to the terms and conditions of this ordinance.

There shall be a city planning commission in accordance with the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended, with the powers and duties as therein set forth and as hereinafter provided.

As provided in the Michigan Zoning Enabling Act, MCL 125.3601, one member of the planning commission may be appointed by the city council to serve on the zoning board of appeals, with the term of that appointment to correspondence to that member's term as a planning commission member.

(a)

The planning commission shall adopt bylaws for the transaction of business and shall keep a public record of its resolutions, transactions, findings, and determinations.

(b)

The planning commission's procedures shall be in conformity with applicable ordinances, resolutions and policies adopted by the city council.

(a)

The planning commission shall hold not less than four regular meetings each year. At its first meeting of the calendar year, the planning commission shall adopt and provide notice of its regular meetings for the ensuing year in accordance with the Open Meeting Act, Public Act 267 of 1976, as amended; provided, however, that a meeting need not be held if pending matters do not warrant a meeting.

(b)

Special meetings may be called by the chairperson or upon written request to the secretary by at least two members of the planning commission. Unless the planning commission bylaws provide otherwise, the secretary shall send written notice of a special meeting to planning commission members not less than 48 hours before the meeting. All costs of special meetings held to consider requests of applicants for approvals under the zoning ordinance (or for such other purposes as may be necessary) shall be paid by the applicant for such requests.

(c)

The business that the planning commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act, Public Act 267 of 1976, as amended.

The members of the planning commission shall have the following principal duties and responsibilities, among others:

(a)

Prepare, consider, and approve a master plan as a guide for development within the city's planning jurisdiction. An update shall be considered no less frequently than every five years; upon which consideration a determination shall be made as to the necessity of such a revision.

(b)

Review and advise upon plans for capital improvements, such as construction, expansion, removal, or vacating of public lands, buildings, or rights-of-way. This review should focus on consistency with adopted plans of the city and other governmental units. This may be done by an annual review of the city's capital improvement plan prior to adoption by city council, rather than of each project individually.

(c)

Take such action on petitions, staff proposals, and city council requests for amendments to the zoning ordinance as required.

(d)

Review subdivision and condominium proposals and recommend appropriate actions to the city council, in accordance with the Land Division Act, Public Act 288 of 1967.

(e)

Prepare special studies and plans, as deemed necessary by the planning commission or city council, for which appropriations of funds have been approved by the city council, as needed.

(f)

Prepare an annual written report to the city council concerning its operations and the status of planning activities, including recommendations regarding actions by the city council related to planning and development, with the report to be presented within 90 days of the beginning of each calendar year.

(g)

Promote understanding of and interest in the master plan and the city zoning ordinance.

(h)

Carry out duties and responsibilities as required by and in accordance with the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended, and the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended.

All official actions taken by the city planning commission preceding the planning commission established by this ordinance are hereby approved, ratified, and reconfirmed. Any project, review, or process taking place at the effective date of this ordinance shall continue with the planning commission created by this ordinance, subject to other requirements of this ordinance, and shall be deemed a continuation of any previous city planning commission. This ordinance shall be in full force and effect from and after its adoption and publication.

(a)

Established. There is hereby established a zoning board of appeals, which shall perform its duties and powers in accordance with Act No. 110 of the Public Acts of Michigan of 2006 (MCL 125.3101 et seq.), as amended, and in such a way that the objectives of this chapter shall be observed, public safety secured, and substantial justice done.

(b)

Membership. The zoning board of appeals shall consist of five members appointed by the Mayor with the city council's consent. The members of the zoning board of appeals shall be residents of the City. No employee or contractor of the city council may sit on the zoning board of appeals. One member of the zoning board of appeals shall also sit on the city planning commission. Each member of the zoning board of appeals shall hold office for a term of three years. Terms shall be staggered to provide for as nearly as possible the appointment of an equal number of members each year. Those persons now serving as members of the zoning board of appeals shall serve the balance of the terms for which they were appointed. All vacancies for unexpired terms shall be filled for the remainder of the term.

(c)

Officers. The zoning board of appeals shall annually elect its own chairperson and vice-chairperson. The terms of the chairperson and vice-chairperson shall be for a period of one year.

(d)

Alternate members. The mayor, with the city council's consent, shall appoint two alternate members for the zoning board of appeals to sit as regular members of the zoning board of appeals in the absence of a regular member. If a regular member is absent from or unable to attend one or more consecutive meetings of the zoning board of appeals or for a period of more than 30 consecutive days, then alternate members may be called on a rotating basis to serve in the place of a regular member. For the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest, an alternate member may also be called. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the zoning board of appeals.

(e)

Meetings. All meetings of the zoning board of appeals shall be held at the call of the chairperson and at such times as the zoning board of appeals may determine. All hearings conducted by the zoning board of appeals shall be open to the public. Minutes shall be kept of each meeting and the zoning board of appeals shall record into the minutes all findings, conditions of approval, facts, and other relevant factors, and all its official actions. The vote of each member upon a question, or absence or abstention, shall be recorded into the minutes of the meeting.

(f)

Rules and procedures. The zoning board of appeals shall adopt general rules and regulations governing its procedure and may make rules for the filing of appeals and other matters requiring its attention which shall not cause reasonable delays in the transaction of its business.

(g)

Abstention. A member of the zoning board of appeals shall abstain from voting on any question on which they have a conflict of interest. Failure of a member to abstain in such cases shall constitute misconduct of office.

(h)

Resignations. When zoning board of appeals members propose to resign, if reasonably feasible, they shall give notice of their intent in writing to the chairperson, and make the date of resignation effective in such a manner as to allow time for appointment of replacements. When a member dies or resigns, the chairperson shall promptly notify the mayor that a vacancy exists.

(Ord. No. 1334, 3-5-2019)

(a)

The board of appeals shall hear and decide all questions and decisions regarding the following:

(1)

Interpretation of the official zoning map, including the interpretation of the location of zoning district boundaries when in doubt.

(2)

The interpretation of the language of this chapter when its meaning is unclear, or when there is uncertainty as to whether the language applies to a particular situation.

(3)

The hearing of requests for nonuse variances from the strict application of the provisions of this chapter in accordance with §122-370.

(4)

The hearing of requests for appeals from any order, requirement, decisions, or determination made by an administrative body or official charged with the enforcement of this chapter in accordance with §122-371.

(5)

Hear and decide on any other matters referred to the zoning board of appeals or upon which the zoning board of appeals is required to pass under the terms of this chapter.

(b)

The zoning board of appeals shall not change the zoning district classification of any property or make any change in the terms of this chapter, and shall not take any action which would, as a result, make legislative changes in or negate any provisions of this chapter.

(c)

The zoning board of appeals shall not have authority to hear appeals on decisions made by the planning commission or city council regarding planned unit developments.

(d)

The zoning board of appeals shall not have the authority to grant a use variance.

(a)

Hearings. The zoning board of appeals shall hold a public hearing on each question submitted to it for decision. Such hearing shall be set within a reasonable time, not to exceed 45 days from the filing date of an appeal or variance request. Written notice of such hearing including the date, time, and place of the public hearing; the nature of the appeal; and a description of any property in question; shall be given to the appellant, if different than owner(s) of the property, to persons to whom real property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the City of Ypsilanti, and to the occupants of all structures within 300 feet of the premises. The notice shall be delivered personally or by mail, addressed to the respective owners and tenants at the address given in the last assessment roll. If a tenant's name is not known, the term "occupant" may be used. 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 individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, 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. The notice shall also be published in a newspaper of general circulation in the City. All notices shall be given at least 15 days prior to the public hearing. An affidavit of mailing shall be filed with the zoning board of appeals prior to the public hearing. The zoning board of appeals may recess a hearing to gather additional information, to make site inspections, or to engage in other activities as may be necessary to make a proper decision. The zoning board of appeals shall reconvene the hearing within 35 days of the original hearing date. The reconvened hearing date shall be announced at the original hearing and this announcement shall constitute proper public notification.

(b)

Decisions by the board of appeals. The concurring vote of a majority of the entire membership of the zoning board of appeals (three votes) shall be necessary to reverse any order, requirement, or decision of any administrative official; to effect any variance in the non-use terms of this chapter; or to decide any matter upon which the zoning board of appeals is required to pass by this chapter.

(c)

Time limit. The zoning board of appeals shall decide upon all matters within 90 days from the filing date. The time limit may be extended by written agreement between the applicant or appellant and the zoning board of appeals.

(d)

Representation. Any person may appear on their own behalf at a hearing or may be represented by an agent or attorney.

(e)

Conditions of approval. The zoning board of appeals may attach conditions to any affirmative action as it deems reasonable to minimize any detrimental effects of its decisions and to promote the purposes of this chapter. Such conditions shall be in accordance with §122-326 and Act No. 110 of the Public Acts of Michigan of 2006 (MCL 125.3101 et seq.), as amended. A performance guarantee may be required as a condition of an affirmative action when in accordance with §122-317.

(f)

Official record. The decisions and orders of the zoning board of appeals in disposing of an appeal or a request for a variance, along with any conditions attached, shall be entered into the official record for each case. Such record shall include the reasons for a determination, a summary of the evidence introduced, and the reasons for any conditions imposed.

All decisions of the zoning board of appeals are final. However, a person having an interest aggrieved by a decision may appeal to the circuit courts, as provided in Act No. 110 of the Public Acts of Michigan of 2006 (MCL 125.3101 et seq.), as amended. Such an appeal must be filed within 30 days after the zoning board of appeals certifies its decision in writing or approves the minutes of its decision.

If a variance or other requested action is granted or authorized, the necessary permits shall be obtained and any authorized actions shall be begun within one year following the date of such variance or authorization and shall be completed as authorized by the permit or elsewhere in this chapter. Should the applicant/appellant fail to obtain such permits or fail to commence work within such subsequent period, it shall be presumed that the applicant/appellant has waived, withdrawn, or abandoned their appeal; and all permissions, authorizations, variances, and permits shall be deemed to be rescinded.