ARTICLE XIV.  DISMANTLED OR NON-OPERATING MOTOR VEHICLES

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.

 

 

ARTICLE XVI.  SITE PLAN

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.

 

3.         To insure compliance with this Ordinance and any limitations, conditions, modifications, or alterations for improvements imposed by the Planning Commission as necessary to protect natural resources or the health, safety and welfare of the residents of the City and future users or inhabitants of the lot, the Planning Commission may require a cash deposit, certified check or irrevocable bank letter of credit or surety bond covering the estimated cost of furnishing such limitations, conditions, modifications, or alterations for improvements conditioned upon the faithful completion of the required improvement. Such security shall be deposited with the City Clerk at the time of the issuance of the permit authorizing the commencement of such construction or activity. Where the improvement required w take more than six (6) months to be completed, the Planning Commission may authorize a rebate of any cash deposit in reasonable proportion to the ratio of the work completed as the work progresses.

 

SECTION 1703. SITE PLAN AND SPECIAL APPROVAL USE REVIEW STANDARDS

            1.         The approval, denial, or approval with limitations, conditions, modifications, or alterations of a Site Plan and/or Special Approval Use by the Planning Commission shall be based upon the following standards, the proof of facts of noncompliance with which shall be upon an aggrieved party:

 

a.         That such approval, denial, or approval with limitations, conditions, modi­fications, or alterations is consistent with the intent and purpose of zoning to promote public health, safety, morals, and general welfare; to avoid the overcrowding of popula­tion; to lessen congestion on the public roads and streets; to reduce hazards to life and property; to conserve the expenditure of funds for public improvements and services; to conform with the most advantageous uses of land, resources and properties; to conserve property values, natural resources and energy; and to give reasonable consideration to the character of a particular area, its peculiar suitability for particular uses, and the general and appropriate trend and character of land, building and population development.

 

b.         That there is a proper relationship between the existing streets, highways and walkways within the vicinity to provide for vehicular traffic access and circulation, including intersections, road widths, traffic controls, deceleration lanes, service drives, entrance and exit driveways, and parking areas, and to assure the safety and convenience of pedestrian and vehicular traffic.

 

 

c.         That the use and/or structure(s) are consistent with the intent and purpose of the zoning district in which located; are designed, constructed, operated, and main­tained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity; and will not change the essential character of the area in which located.

 

d.         That the use and/or structure(s) are not hazardous or disturbing to existing or intended uses in the same general area and will be an improvement to property in the immediate vicinity and to the community as a whole.

 

e.         That the use and/or structure(s) are served, adequately and without exces­sive expenditure of public funds, by essential public facilities and services, such as high­ways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, and schools.

 

f.          That all provisions of this Ordinance are complied with unless an appro­priate variance or exception therefrom has been granted by the Zoning Board of Appeals.

 

g.         That all buildings and structures are accessible by emergency vehicles.

 

SECTION 1704. BUILDING PERMITS AND ZONING COMPLIANCE CERTIFICATES

            1.         Upon approval of the Site Plan and/or Special Approval Use, the Chairman of the Planning Commission shall direct the Zoning Inspector to issue Building Permits and/or Zoning Compliance Certificates which shall incorporate all terms, limitations, and conditions of such approval.

 

2.         Violation of any term, limitation, or condition of a Building Permit and/or Zoning Compliance Certificate issued by the Zoning Inspector after Site Plan and/or Special Approval Use approval shall cause a revocation of same.

 

3.         Any lot which is the subject of a Special Approval Use Building Permit and/or Zoning Compliance Certificate which has not been used for a period of six (6) months without just cause being shown which is beyond the control of the owner and which is acceptable to the Planning Commission for the purposes for which such Special Approval Use was granted shall thereafter be required to be used for only permissible uses set forth in the particular zoning classification district and the Building Permit or Zoning Compliance certificate for such Special Approval Use shall thereupon terminate.

 

4.                   A lot which is the subject of a Site Plan Review approval must be developed in strict compliance with the approved Site Plan and any amendments thereto which have received the approval of the Planning Commission. If construction and development does not conform with such approved plan, the approval thereof shall be forthwith revoked by the Zoning Inspector by written notice to the developer at his last known address. Upon revocation of such approval, all further construction activities shall cease upon the site, other than for the purpose of correcting the violation.

ARTICLE XVIII.  PLANNED UNIT DEVELOPMENT

SECTION 1800. PURPOSE AND APPLICABILITY

 

            1.         The purpose of these regulations is to permit greater flexibility and conse­quently, more creative and imaginative design in the development of residential areas than is generally possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, the integration of necessary commercial and community facilities, and the preservation of open space for park and recreational use.

 

2.         A Planned Unit Development is a distinctive use of property. A Planned Unit Development shall, therefore, be governed only by the provisions of this Article and not by any other provision of this Ordinance anything in this Ordinance to the contrary notwithstanding.

 

SECTION 1801. GENERAL REQUIREMENTS

A request for a Building Permit and for a Zoning Compliance Certificate for a Planned Unit Development must meet the following requirements to qualify for consider­ation:

 

1.         A Planned Unit Development site shall be not less than ten (10) contiguous acres of land.

 

2.         The tract of land for a project must be either in one ownership or the subject of a request filed jointly by the owners of an properties included. The holder of a writ­ten option to purchase land or the holder of an executory land contract shall for the purposes of such request be deemed to be an owner of such land.

 

3.         A Planned Unit Development shall be allowed only within an R-1, R-2, B-1, or B-2 District and providing the applicant can demonstrate that the proposed character of development will meet the objectives of Planned Unit Development.

 

4.         Land use need not be uniform in all respects.

 

5.         Public water, sanitary sewer and storm drainage facilities shall be provided as part of the site development.  All electric and phone transmission wires shall be placed underground.

 

6.         Approval by the Planning Commission of a sketch plan and detailed site plan is required.

 

 

 

SECTION 1802. PERMITTED USES

No structure or part thereof shall be erected, altered or used and no land shall be used except for one or more of the following regardless of the zoning district in which the same is located:

           

 

1.         Residential Uses.

 

a.         Single-family detached dwellings, excluding mobile homes.

 

b.         Two-family dwellings.

 

c.         Apartments.

 

d.         Town houses.

 

e.         Condominiums.

 

f.          Other multi-family dwellings.

 

2.         Commercial uses designed and intended to serve the convenience needs of the people residing in the planned unit development.

 

a.         Food stores.

 

b.         Bakeries (retail only).

 

c.         Barber or beauty shops.

 

d.         Banks and financial institutions.

 

e.         Shoe sales and repair stores.

 

f.          Florist and garden shops.

 

g.         Hardware stores.

 

h.         Variety stores.

 

i.          Book and stationary stores.

 

j.          Dry cleaning (pick up or coin operated only).

 

k.         Wearing apparel shops.

 

l           Offices.

 

m.        Drug stores.

 

n.         Post office.

 

o.         Full course menu, table top, indoor restaurants conforming in appearance to a residence which provide no "drive-in", "short-order", or “car service" food or drink facility. Alcoholic beverages may be served incidental to the sale of food.

 

p.         Private clubs, excepting those of which the chief activity is a service customarily carried on as a business.

 

3.         Accessory and associated uses designed and intended to serve the convenience needs of the people residing in the Planned Unit Development, like:

 

a.         Private garages.

 

b.         Storage sheds.

 

c.         Recreational play areas.

 

d.         Churches.

 

e.         Elementary and secondary schools.

 

SECTION 1803. DESIGN REQUIREMENTS

Within the Planned Unit Development approved under this Article, the require­ments hereinafter set forth shall apply in lieu of any conflicting regulations applicable to the district in which the development is located:

 

1.         The maximum number of dwelling units permitted within the project shall be determined by dividing the net Planned Unit Development area by the minimum residen­tial lot area per dwelling unit required by the district in which the project is located. In the event the project lies in more than one zoning district, the number of dwelling units shall be computed for each district separately.

 

2.         The minimum lot area shall not be reduced by any permitted use more than twenty (20%) per cent below that required in the district in which the project is located.

 

3.         The minimum setback and yard or open space requirements for buildings and structures may be reduced or increased in the discretion of the Planning Commission to avoid unnecessary disruption of the environment where reasonable equivalent open space is provided elsewhere upon the site.

 

4.         The minimum lot frontage and width for any lot designated for a single-family dwelling may be reduced twenty (20%) per cent below the requirements of the district in which the Planned Unit Development is located.

 

5.         A screening area may be required by the Planning Commission along the peri­meter of the development if deemed necessary to protect the values of adjoining pro­perty under separate ownership.

 

6.         Within every Planned Unit Development there shall be planned and set aside permanently as part of the total development an amount of open space equal to not less than the aggregate accumulation of lot size reduction below the minimum lot area for the development as a whole. Before accepting the open space as meeting the require­ments of this provision, the Planning Commission must find the land thus designated to be:

 

a.         Sufficient in size, suitably located, with adequate access, and

 

b.         That evidence is given that satisfactory arrangements will be made for the maintenance of such designated land to relieve the municipality of future mainte­nance thereof.

 

7.         All required open space within a Planned Unit Development shall be arranged so as to provide access and benefit to the maximum number of lots and/or dwelling units. Separate tracts of open space shall have adequate access from at least one point along a public street.

 

SECTION 1804. PROCEDURE

Whenever any Planned Unit Development is proposed, before any Building Permit is granted, the developer shall apply for and secure approval therefor from the Planning Commission in accordance with the following procedure.

 

1.         In order to allow the Planning Commission and the developer to reach an understanding of basic design requirements prior to detailed site design investment, the developer shall submit a sketch plan of his proposal to the Planning Commission with the applicable fee. The sketch plan shall be drawn to approximate scale and clearly show the following information:

 

a.         Boundaries of the property.

 

b.         Location and height of all buildings and structures.

 

c.         Interior roadway system, parking facilities and all existing rights-of-way and easements, whether public or private.

 

d.         Delineation of the various residential and/or commercial areas indicating for each such area its size, number of buildings, structures and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type, plus a calculation of the net residential density and commercial density.

e.         The interior open space system.

 

f.          The overall storm water drainage system.

 

g.         If grades exceed thirty (30%) percent on portions of the site, have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and/or ponding, an overlay outlining the above susceptible soil shall be provided.

 

h.         Principal ties to the neighborhood and community with respect to trans­portation, water supply and sewage disposal.

 

i.          General description of the provision of other community facilities, such as schools, recreational facilities, fire protection services, and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.

 

j.          A location map showing uses and ownership of abutting lands.

 

2.         In addition, the following documentation shall accompany the Sketch Plan:

 

                        a.         Evidence that the proposal is compatible with the objectives of the City's zoning plan.

 

b.         A general statement as to how common open space is to be owned and maintained.

 

c.         The intended total project. If the development is to be constructed in phases, a general indication of how the sequence of phases is to proceed shall be identi­fied.

 

3.         The Planning Commission shall hold a public hearing or hearings on the appli­cation for a Planned Unit Development in accordance with the procedure of ARTICLE XVII, SITE PLAN AND/OR SPECIAL APPROVAL USE REVIEW.

 

4.         Following the public hearing, the Planning Commission shall, within sixty (60) days, approve or disapprove the Sketch Plan or make modifications thereto and so notify the applicant of its decision.

 

5.         Approval of a Sketch Plan shall not constitute approval of the detailed Site Plan, but shall be deemed an expression of approval of the layout as a guide to the pre­paration of the detailed plan.

 

6.         If it becomes apparent that certain elements of the Sketch Plan, as it has been approved by the Planning Commission, become unfeasible and in need of modification, the applicant shall then resubmit his entire Sketch Plan, as amended, to the Planning Commission pursuant to the above procedure.

 

7.         After receiving approval from the Planning Commission of a Sketch Plan, the applicant may prepare his detailed Site Plan and submit it to the Planning Commission for approval. However, if more than six (6) months have elapsed since the time of Sketch Plan approval, the Planning Commission may require a resubmission of the Sketch Plan for further review and possible revision.

 

8.         The detailed Site Plan shall conform to the Sketch Plan that has been given approval. It shall incorporate any revisions or other features that may have been recommended by the Planning Commission at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

 

9.         The detailed Site Plan shall include the following information:

 

a.         An area map showing the applicant's entire holding, that portion of the applicant's property under consideration, and all properties, subdivisions, streets, utili­ties, and easements within three hundred (300) feet of the applicant's property.

 

b.         A topographic map showing contour intervals of not more than four (4) feet of elevation.

 

c.         A plan showing location, proposed use, number, and height of all buildings or structures, location of all parking areas, with access and egress drives thereto, loca­tion of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences, description of method of water supply and sewage disposal and location of such facilities; location and size of all signs; location and design of lighting facilities; and the amount of building area proposed for nonresidential uses, if any.

 

d.         A tracing overlay showing all soil types, their location, and those areas, if any, with moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation.

 

SECTION 1805. STANDARDS FOR APPROVAL

 

The Planning Commission's review of the detailed Site Plan shall include, but shall not be limited to, the following:

 

1.         Adequacy and arrangement of vehicular traffic access and circulation, includ­ing intersections, road widths, channelization, traffic controls, and pedestrian movement.

 

2.         Location, arrangement, appearance, and sufficiency of off-street parking.

 

3.         Location, arrangement, size and entrances of buildings, walkways and lighting.

 

4.         Relationship of the various uses to one another.

 

5.         Adequacy, type and arrangement of trees, shrubs, and other landscaping con­stituting a visual and/or a noise deterring screen between adjacent uses and adjoining lands.

 

 

SECTION 1806. BUILDING PERMITS AND ZONING COMPLIANCE CERTIFICATES

            1.         Upon approval of the Planned Unit Development, the Chairman of the Planning Commission shall direct the Zoning Inspector to issue Building Permits and/or Zoning Compliance Certificates.

 

2.         In any case where the construction on the Planned Unit Development has not commenced within one (1) year from the date of approval, the Building Permits and/or Zoning Compliance Certificates shall be null and void.

 

3.         After a Planned Unit Development has been approved and construction of any part thereof commenced, no other type of development will be permitted on the site without further approval by the Planning Commission after proceedings conducted as in the original application. This limitation shall apply to successive owners.

 

4.         If construction and development does not conform to the approval of the Planning Commission, any Building Permit and/or Zoning Compliance Certificate shall be forthwith revoked by the Zoning Inspector by written notice of such revocation posted upon the site and mailed to the developer at his last known address. Upon revocation, all further construction activities shall cease upon the site, other than for the purpose of correcting the violation.

 

ARTICLE XIX.   ZONING BOARD OP APPEALS

SECTION 1900. CREATION AND MEMBERSH1P

            1.         There is hereby created and established a Zoning Board of Appeals, the mem­bers of the Zoning Board of Appeals shall be appointed by the City Council as prescribed by statute, with all the powers and authority prescribed by law or delegated to it under specific provisions of this Ordinance which shall be exercised so that the objectives of this Ordinance are observed, public safety and welfare are secured, and substantial justice is done. The Zoning Board of Appeals shall consist of five (5) members and one (1) ex-officio member who shall be a member of the City Planning Commission. An elected officer of the City shall not serve as chairman of the Zoning Board of Appeals and an employee or contractor of the City may not serve as a member or an employee of the Zoning Board of Appeals. One (1) member may be a member of the City Council.

 

2.         The term of each member of the Zoning Board of Appeals shall be three (3) years and until a successor has been appointed and qualified, which successor must be appointed not more than one (1) month after the expiration of the preceding term. Appointments shall be as follows: one (1) member appointed for a period of one (1) year; two (2) members appointed for a period of two (2) years; and two (2) members appointed for a period of three (3) years; thereafter, each member to hold office for a full three (3) year term. The ex-officio member shall be appointed by the Mayor to serve a period of one (1) year. Vacancies shall be filled by the City Council.

 

3.         A member of the Zoning Board of Appeals shall disqualify himself from voting where he has a conflict of interest.

 

SECTION 1901. MEETINGS

Meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as may be determined or specified in its rules of procedure. All hearings shad comply with the Michigan Open Meetings Acts. The Zoning Board of Appeals shall adopt its own rules of procedure and keep minutes of its proceedings show­ing the vote of each member upon each question, or if absent or failing to vote, indicat­ing said fact; and shall file a copy of the minutes of its proceedings with the City Clerk, which shall be a public record. A majority of the total membership of the Zoning Board of Appeals shall constitute a quorum for the conduct of its business. The Zoning Board of Appeals shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

 

 

SECTION 1902. POWERS

The Zoning Board of Appeals shaI1 not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this Ordi­nance, but shall have the power to act on an administrative review, interpretation, or exception and to authorize a variance as defined in this section and laws of the State of Michigan, as follows:

 

1.         To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Inspector or any other administrative official in carrying out or enforcing any provisions of this Ordinance.

 

2.         To authorize a variance from the use provisions of this Ordinance with such conditions and safeguards it may determine appropriate to ensure that the spirit of this Ordinance is achieved, public safety and welfare secured and substantial justice done. In granting a variance, the Zoning Board of Appeals shall state the grounds upon which it justifies the granting of same. No such variance of the use provisions of this Ordinance shall be granted unless it appears that all the following facts and conditions exist:

 

a.         An application for the variance has not been made by any person for the same lot within the prior twelve (12) months.

 

b.         There are exceptional or extraordinary circumstances or conditions appli­cable to the property involved or to the intended use of the property which have not been caused by the applicant and which do not apply generally to other properties or class of uses in the same district.

 

c.         Such variance is necessary for the preservation and enjoyment of a sub­stantial property right possessed by other property in the same district and vicinity.

 

d.         The granting of such variance will not be materially detrimental to the public welfare or materially injurious to the value of property or improvements in the district in which the property is located.

 

e.         Denial would cause unnecessary hardship on the applicant.

 

f.          The granting of such variance will not adversely affect the purposes or objectives of the City zoning plan.

 

3.         To hear and decide requests for interpretations of this Ordinance and the Zoning Map.

 

4.         To grant exceptions to the area, density, bulk, height, yard or general provi­sions of this Ordinance. Any exception shall be subject to such conditions as the Zoning Board of Appeals may require to preserve and promote the character of the district in question and otherwise promote the purpose of this Ordinance, and in that connection the Zoning Board of Appeals may, in its discretion:

 

a.         Interpret the provisions of this Ordinance in such a way as to carry out its intent as shown upon the Zoning Map fixing the use districts where street layout actually on the ground varies from the street layout as shown on the map.

 

b.         Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.

 

c.         Permit such modification of other regulations es may be necessary to secure an appropriate improvement of a lot which is of such shape, or so 1oeated with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification.

 

SECTION 1903. APPEAL

            1.         An appeal may be taken to the Zoning Board of Appeals within such time es shall be prescribed by general rule. Such appeal may be taken by any aggrieved person, firm or corporation, or by any officer, department, board or bureau of the City. The applicant shall file with the Chairman of the Zoning Board of Appeals end the City body or official from which or whom the appeal is taken on forms to be furnished by said body or official, a notice of appeal specifying the grounds thereof.

 

2.         The City body or official from which or whom the appeal is taken shell forth­with transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The final decision of such appeal shall be in the form of a resolution either reversing, modifying or affirming, wholly or partly, the decision or determination appealed from.

 

SECTION 1904. STAY

An appeal shall stay all proceedings in furtherance of the action appealed from unless the City body or official from which or whom the appeal is taken certifies to the Zoning Board of Appeals, after notice of appeal shall have been filed, that by reason of facts stated in the certificate, B stay would cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by the Circuit Court, on appli­cation, on notice to said body or official, end on due course shown.

 

SECTION 1905. FEES FOR APPEAL

The City Council shall, from time to time, determine by resolution the fee which shall be paid to the Building Inspector at the time the notice of appeal is filed, which the Building Inspector shall forthwith pay over to the City to the credit of the General Revenue Fund of the City.

                                               

 

 

SECTION 1906. HEARINGS

            1.         The Zoning Board of Appeals shall make no decision except in a specific case and only after a public hearing set at reasonable time and place is determined by the Zoning Board of Appeals.

 

2.         Notice of a hearing shall be given to the applicant, the owner of the lot involved, and the owners and occupants of all property within three hundred (300) feet of said lot as shown on the latest assessment roll. If the name of the occupant is not known, the term "occupant" may be used in the notice. The notice shall be mailed or personally delivered 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 nature of the appeal, indicate the property which is the subject of the appeal, state when and where the appeal will be considered, and indicate when and where written comments will be received concerning the appeal.

 

3.         Other notice of a hearing shall be given at such time as is provided by the statute in such case made and provided.

 

4.         Any person may appear and testify at a hearing either in person or by an agent or attorney.

 

SECTION 1907. DECISION

            1.         In consideration of all appeals and all proposed exceptions and/or variances to this Ordinance, the Zoning Board of Appeals shall first determine that the proposed exception or variance will not impair an adequate supply of light and/or air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair estab­lished property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City. The concurring vote of the majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of an administra­tive official or body, or to decide in favor of the applicant a matter upon which they are required to pass under an ordinance, or to effect a variation in an ordinance except that a concurring vote of two thirds (2/3) of the membership of the Board shall be necessary to grant a variance from uses of land permitted in an ordinance.

 

2.         In exercising the above powers, the Zoning Board of Appeals may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Zoning Inspector.

 

3.         No order of the Zoning Board of Appeals permitting the erection of a building shall be valid for a period longer than one (1) year, unless a Building Permit for such erection or alteration is obtained within such period and unless such erection or altera­tion is started and proceeds to completion in accordance with the terms of such permit.

 

4.         No order of the Zoning Board of Appeals permitting a use of a building or premises shall be valid for a period longer than one (1) year unless such use is established within such period; provided, however, that where such use is dependent upon the erec­tion or alteration of a building such order shall continue in force and effect if a Building Permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

 

5.         A decision and order of the Zoning Board of Appeals shall take immediate effect unless otherwise provided in the decision or order and shall be final, but may be appealed to a court of competent jurisdiction as provided by statute.

 

ARTICLE XX.   VIOLATION, PENALTIES AND REMEDIES

SECT1ON 2000. PENALTIES

In any action brought by the City for a violation of this Ordinance, a use permit, site plan, or a final order, a court of competent jurisdiction may impose a civil penalty of up to $500.00 per day per violation.  The $500.00 shall be adjusted upwards as of the effective date of any State of Michigan legislation authorizing a home rule city to impose penalties higher than $500.00.  The maximum amount then authorized, as penalty under this Ordinance shall be considered adjusted to the maximum amount allowed by the State of Michigan.

 

SECT1ON 2001. PUBLIC NUISANCE

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

 

SECTION 2002. REMEDIES, OTHER & CUMULATIVE

            a.         In addition to all other remedies including the penalties provided in Section 2000 of this ordinance, the City of Bad Axe may commence and prosecute appropriate actions or proceedings in the Circuit Court for Huron County or any other court having jurisdiction to restrain or prevent any noncompliance with or violation of any of the provisions of this ordinance, or to correct, remedy or abate such noncompliance or violation.

 

b.         The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

 

SECTION 2003. SEPARATE OFFENSE

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

 

SECTION 2004. DUTY OF PERSON IN CHARGE

 

It shall be the duty of all architects, contractors, subcontractors, builders, agents and other persons directing the establishment of any use or the erection, alteration, change, or remodel of any structure to see that proper permits have been granted and that such work is not in violation of this Ordinance or other City Codes before commencing work.  Such persons performing work without a permit or in violation of this Ordinance or other City Codes shall be deemed responsible for violations to the same extent as the owner of the property, and shall be equally subject to the penalties herein prescribed for such violation.

 

SECTION 2005. OWNER’S RESPONSIBILITY