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.