SECTION 1400. STORAGE
OF INOPERABLE VEHICLE
No
person shall store, place or permit to be stored or placed, or allowed to
remain on any lot for a period of more than ten (10) days in any one (1) year a
dismantled, partially dismantled or inoperable motor vehicle, unless the same
is kept in a wholly enclosed structure, is located in an approved junkyard, or
unless a variance therefor is first obtained from the Chief of Police to be
granted only in special hardship eases beyond the control of the applicant,
where peculiar circumstances exist, where no adjoining property owner is
adversely affected thereby, and where the spirit and purpose of these
regulations are still observed.
SECTION 1401. STORAGE
OF OPERABLE VEHICLE
No
person shall park or store upon any lot within the City a motor vehicle in operating
condition which is not regularly used for the purpose for which it was
manufactured or designed unless the same is kept within an enclosed building,
approved junkyard, or unless a variance is first obtained therefor from the
Chief of Police, to be granted only in special hardship eases beyond the
control of the applicant, where peculiar circumstances exist, where no
adjoining property owner is adversely affected thereby, and where the spirit
and purpose of these regulations are still observed.
SECTION 1402. PURPOSE
OF PROVISIONS
The
purpose of these regulations is to limit and restrict the outdoor storage or
unreasonable accumulation of junk cars, unused cars, stock cars, and
dilapidated nonoperating motor vehicles upon any lot in the City except within
an area where a junk dealer is permitted to operate or the area is zoned for
such purposes.
SECTION 1403. PROVISIONS
SUPPLEMENTARY TO OTHER LAWS
These
provisions shall not be construed as repealing any ordinance now in effect or
hereafter made effective relating to rubbish, litter, garbage, refuse, trash or
junk, but shall be construed as supplementary to any such ordinances, as well
as any statutes of the State of Michigan relating thereto.
ARTICLE XV.
ADMINISTRATION AND ENFORCEMENT
SECTION 1500. ENFORCEMENT
Except
as herein otherwise provided, the provisions of this Ordinance shall be
administered and enforced by the Zoning Inspector or his 1awfully constituted
delegate.
SECTION 1501. DUTIES OF
ZONING INSPECTOR
The
Zoning Inspector, appointed by the City Council, shall issue Building Permits
and Zoning Compliance Certificates and make inspections of buildings or
premises necessary to carry out his duties in the enforcement of this
Ordinance. The Zoning Inspector, is under no circumstances, permitted to make
changes in this Ordinance nor to vary the terms of this Ordinance. The Zoning
Inspector shall not refuse to issue a Building Permit or Zoning Compliance
Certificate when conditions imposed by this Ordinance are complied with by the
applicant despite violations of contracts, such as covenants or private
agreements, which may occur upon the granting of same.
SECTION 1502. BUILDING
PERMITS
1. No
building or structure, or part thereof, shall be hereafter erected, altered,
moved, or repaired unless a Building Permit shall have been first issued for
such work. The terms "altered" and "repaired" shall include
any changes in exterior structural parts, light, ventilation, or means of
egress and ingress, or other changes affecting or regulated by the applicable
Building Code, Housing Law of Michigan, or this Ordinance, except for minor
repairs or changes not involving any of the aforesaid features.
2. No lot shall be excavated or the use
thereof changed, modified, or altered hereafter unless a Building Permit shall
have been first issued for such work.
3. No Building Permit shall be issued for
the excavation, alteration, movement, or repair of any building or structure or
part thereof, nor for the excavation or the change, modification or alteration
of the use of any lot which is not in accordance with all provisions of this
Ordinance.
4. All Building Permits shall expire twelve
(12) months from the date of issuance, but may be renewed for an additional
twelve (12) months.
5. All new construction shall have the
outside shell completed in a workmanlike manner within one hundred twenty (120)
days from the date of issuance of the Building Permit.
SECTION 1503. ZONING
COMPLIANCE CERTIFICATES
1. No
land, building, structure, or part thereof, shall be occupied or put to any use
for which a Building Permit is required by this Ordinance unless and until a
Zoning Compliance Certificate has been issued.
2. No Zoning Compliance Certificate shall
be issued for any building, structure or part thereof, or for the use of any
land, which is not in compliance with the previously issued Building Permit or
which is otherwise not in accordance with all the provisions of this Ordinance.
3. Nothing in this Ordinance shall prevent
the issuance of a temporary Zoning Compliance Certificate for a portion of a
building or structure in the process of erection or alteration; provided that
such temporary certificate shall not be effective for a period of time in
excess of six (6) months; and provided further that such portion of the
building, structure, or premises is in conformity with the provisions of this
Ordinance.
4. A record of all Zoning Compliance Certificates
issued shall be kept on file in the office of the Zoning Inspector and copies
shall be furnished upon request to any person having a proprietary or tenancy
interest in the property involved.
5. Accessory
buildings shall not require separate Zoning Compliance Certificates, but may be
included in the certificate for the main building when shown on the site plan
and when completed at the same time as such main building
6. Application for a Zoning Compliance
Certificate shall be made in writing to the Zoning Inspector on forms furnished
by the Zoning Inspector; and such certificate shall be issued by the Zoning
Inspector within ten (10) days after receipt of such application if it is
found that the building or structure, or part thereof, or the use of land is in
compliance with the provisions of this Ordinance.
7. If such certificate is refused for
cause, the applicant, shall be notified of such refusal and the cause thereof,
within the aforesaid ten (10) day period.
SECTION 1504. FINAL
INSPECTION
The
holder of every Building Permit shall notify the Building Inspector immediately
upon the completion of the work authorized by such permit for a final
inspection and application for a Zoning Compliance Certificate.
SECTION 1505. FEES
An
application or request for a Building Permit, a Zoning Compliance Certificate,
copies thereof, Site Plan and/or Special Approval Use Review, Planned Unit
Development, amendment, supplement, or change of this Ordinance, the Zoning
Map, district boundaries or land use classification, or appeal to the Zoning
Board of Appeals shall be accompanied by a fee to defray the actual costs
thereof to the City. The Building Inspector shall collect fees for Building
Permits, Zoning Compliance Certificates, and copies thereof in advance of
issuance and shall collect the fee for an appeal to the Zoning Board of Appeals
with the application therefor. The City Manager or their designee shall collect
the fee for Site Plan and/or Special Approval Use Review, Planned Unit
Development, and any amendment, supplement or change of this Ordinance, the
Zoning Map, district boundaries or land use classification upon application
therefor. All fees shall be payable to the City Treasurer to the credit of the
general fund of the City. The City Council shall, by resolution, from time to
time, establish the amount of such fees. In the case of Site Plan and/or
Special Approval Use Review, Planned Unit Development, and any amendment,
supplement, or change of this Ordinance, the Zoning Map, district boundaries
or land use classification and appeals to the Zoning Board of Appeals, the fee
shall be not less than three hundred ($300.00) dollars in the absence of such
resolution. Any amount of said fee not actually expended by the City shall be
returned to the payer upon final action by the applicable City body or
official. Only one (1) fee shall be required where an applicant’s proposed use
requires more than one action by the City, its boards or officials.
SECTION 1600. GENERAL
No
Building Permit or Zoning Compliance Certificate shall be issued for the use or
development of or the construction upon any lot in the City unless and until
these Site Plan provisions are complied with.
SECTION 1601. ZONING
INSPECTOR SITE PLAN
1. The
Zoning Inspector, alone and without the need for prior approval of the Planning
Commission, shall issue a Building Permit or Zoning Compliance Certificate for
the use or development of or the construction upon a lot for the following, if
the provisions of this Ordinance are complied with and a Site Plan has been
provided to him:
a. Single or two-family dwellings under
separate ownership on an individual and separate lot for each such dwelling.
b. Accessory buildings requiring no new or
additional means of access thereto from adjoining public roads or highways.
c. Projects involving the expansion,
remodeling or enlargement of an existing building of less than ten (10%)
percent of the existing building.
2. A Site Plan for a Building Permit or Zoning
Compliance Certificate issuable by the Zoning Inspector alone shall contain the
following:
a. The name, address and telephone number
of the owner of the lot.
b. The name, address and telephone number
of the developer of the lot.
c. The legal description of the lot. A
surveyed description shall be required unless the applicant can show that the
parcel is a lot of record.
d. A scale drawing which shows the actual
shape, location, and dimensions of the lot and the shape, size, and location
with measurements to the lot lines of all buildings and structures and roads
or drives presently on the property and to be erected, altered or moved.
e. A statement indicating the existing and
intended use of the lot and of such structures upon it, including, but not
limiting to, in residential districts, the number of dwelling units the
building is intended to accommodate.
f. Such
other information concerning the lot or adjacent lots as may be reasonably
necessary, in the discretion of the Zoning Inspector, to determine whether the
provisions of this Ordinance are being complied with.
SECTION 1602. REVIEWABLE SITE PLANS
1. The Zoning Inspector shall issue a
Building Permit or Zoning Compliance Certificate for any other use or
development of or construction upon a lot, including any Special Approval Use,
only after compliance with ARTICLE XVII - SITE PLAN AND/OR SPECIAL APPROVAL USE
REVIEW.
2. The
Site Plan required for Site Plan and/or Special Approval Use Review shall
contain the following:
a. The
name, address and telephone number of the owner of the lot.
b. The
name, address and telephone number of the developer of the lot.
c. The
legal description of the lot. A surveyed description shall be required unless
the applicant can show that the parcel is a lot of record.
d. The
area of the lot stated in acres or, if less than an acre, in square feet.
e. The
present zoning classification of the lot.
f. A
scale drawing of the lot and proposed development thereon, including the date,
name and address of the preparer; the topography, dimensions and lot lines of
the lot and its relationship to adjoining land; existing man-made features;
dimensions of setbacks, locations, heights and size of structures and other
important features; percentage of land covered by buildings and that reserved
for open space; dwelling unit density; location and widths of public and
private rights-of-way and easements contiguous to and within the proposed
development which are planned to be continued, created, relocated, or
abandoned, including grades and types of construction of those upon the lot;
curb-cuts, driving lanes, parking and loading areas; location and type of
drainage, sanitary sewers, storm sewers, and other facilities; fences;
landscaping; screening; proposed earth changes; and signs and on-site
illuminations.
g. A
statement indicating the existing and intended use of the lot and of such
structures upon it, including, but not limited to, in residential districts,
the number of dwelling units the building is intended to accommodate.
h. Such
other information concerning the lot or adjacent lots as may be reasonably
necessary, in the discretion of the Planning Commission, to determine whether
the provisions of this Ordinance are being complied with.
ARTICLE XVII.
S1TE PLAN AND/OR SPECIAL APPROVAL USE REVIEW
SECTION 1700. PLANNING
COMMISSION AUTHORITY
To
make this Ordinance more flexible while providing for the protection of property
values and the orderly and compatible development of property within the City,
the Planning Commission, in addition to its other functions, is hereby
empowered to approve certain uses designated as Special Approval Uses in the
various zoning district classifications, to review site plans within its
jurisdiction, and to direct the issuance of A Building Permit and/or Zoning
Compliance Certificate.
SECTION 1701. PROCEDURE
1. Preliminary
sketches of a proposed Site Plan may be submitted to the Planning Commission
for discussion prior to formal submission of a request for Site Plan and/or
Special Approval Use Review. The Planning Commission shall not be bound by any
tentative approval given to preliminary sketches. Such preliminary sketches shall include, as a minimum, the
following:
a. The name and address of the applicant or
developer, including the names and addresses of any officers of a corporation
or partners of a partnership.
b. A
legal description of the property. A surveyed description shall be required
unless the applicant can show that the parcel is a lot of record.
c. Sketch plans showing tentative site and
development plans.
2. To initiate the procedure for Site Plan
and/or a Special Approval Use Review, a person shall file with the Chairman of
the Planning Commission ten (10) copies of a written request for same, ten (10)
copies of the Site Plan, ten (10) copies of any other data upon which he
intends to rely for approval of his request, and the applicable fee.
3. Upon receipt of the fee and the copies
of the written request, Site Plan, and other data, the Chairman of the Planning
Commission shall record the date of receipt thereof and transmit the fee to the
City Treasurer.
4. A hearing shall be scheduled by the
Chairman of the Planning Commission for a Site Plan and Special Approval Use
Review and one (1) copy of all documents shall be sent to each member of the
Planning Commission prior to the hearing for preliminary study.
5. The hearing shall be scheduled within
not more than forty-five (45) days following the date of the receipt of the
fee and documents by the Chairman of the Planning Commission.
6. Notice
of the hearing shall be given to the applicant, the owner of the lot for which
review is being conducted, and the owners and occupants of all property within
three hundred (300) feet of the lot for which review is being conducted as
shown on the latest assessment roll. If the name of an occupant is not known,
the term "occupant" may be used in the notice. Notice by publication
and by mailing or personal delivery shall be made between five (5) and fifteen
(15) days prior to the hearing. Notification need not be given to more than one
(1) occupant of a structure, except that if a structure contains more than one
(1) dwelling unit or spatial area owned or leased by different individuals,
partnerships, businesses, or organizations, one (1) occupant of each unit or
spatial area shall receive notice. The notice shall describe the owner end
address of the property involved, the nature of the request, and state when and
where the request will be considered.
7. After
the hearing and within one hundred (100) days of the receipt of the request by
the Chairman of the Planning Commission, the Planning Commission shall transmit
one (1) copy to the City Clerk and one (1) copy to the applicant of its written
decision approving, disapproving, or approving with limitations, conditions,
modifications, or alterations the Site Plan and Special Approval Use. The
written decision of the Planning Commission shall indicate the facts and
reasons upon which it is based. A decision shall be final and no appeal
therefore may be taken to the Zoning Board of Appeals, but a decision approving
the Site Plan and Special Approval Use with limitations, conditions,
modifications, or alterations may require a further review after inclusion in
the Site Plan and Special Approval Use.
8. Two
(2) copies of the approved final Site Plan and Special Approval Use with any
limitations, conditions, modifications, or alterations thereon shall be
maintained ss part of the City records for future enforcement. One copy shall
be returned to the applicant. Each copy shall be signed and dated with the date
of approval by the Chairman of the Planning Commission. If any variances,
exceptions, or amendments of this Ordinance have been obtained, the minutes
concerning the same, duly signed, shall also be filed with the City records as
a part of the approved Site Plan and Special Approval Use and delivered to the
applicant for his information and direction.
9. A
proposed amendment, alteration, or modification of the Site Plan and Special
Approval Use as approved by the Planning Commission shall be submitted to the
Planning Commission and shall be reviewed by it in the same manner as the
original request.
SECTION 1702. LIMITATIONS, CONDITIONS, MODIFICATIONS,
AND ALTERATIONS
1. Prior to its final approval of any
Special Approval Use, the Planning Commission shall determine that any
applicable special limitation or condition imposed thereon has been complied
with; and in addition prior to its final approval of any Site Plan and/or
Special Approval Use, the Planning Commission may impose any other limitation,
condition, modification, or alteration thereon, which in its opinion, is
consistent with the provisions of this Ordinance.
2. The
Planning Commission shall have the power to limit the duration of a Special
Approval Use where the same is of a temporary nature and may approve a Site
Plan and/or Special Approval Use with limitations, conditions, modifications,
or alterations. It may also reserve the right of annual review of compliance
with the limitations and conditions imposed upon same. Any use failing to
comply with such limitations and conditions may be terminated by action of the
Planning Commission after a hearing upon application of any aggrieved party.