City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 738, passed 2-22-2010]
No person shall commence excavation for, or construction of, any nonresidential building, structure, fence or parking area without first obtaining a zoning compliance letter from the Zoning Administrator. For all land uses that are subject to the provisions and procedures of Chapter 1265 (Site Plan Review), Zoning Administrator shall require the submittal of an application and plans prior to the issuance of a zoning compliance letter.
No building permit shall be issued for the construction, alteration or remodeling of any residential building, structure or fence until an application has been submitted to the Building Inspector in accordance with the provisions of this Zoning Code.
[Ord. No. 738, passed 2-22-2010]
The powers and duties of the Zoning Administrator include, but are not limited to the following:
(a) 
Receive and review all requests for zoning compliance letters, and provide written documentation as to the approval or denial of each request.
(b) 
Assist the City Manager, the Planning Commission and the Zoning Board of Appeals in the processing and administering of all zoning appeals and variances, site plan reviews, special uses and planned unit development applications and amendments to this Zoning Code.
(c) 
Assist in updating the zoning map and keeping it current.
(d) 
Maintain written records of all actions taken.
(e) 
Enforce and administer all aspects of this Zoning Code.
[Ord. No. 738, passed 2-22-2010]
The Zoning Administrator may suspend or revoke any permit issued in error or on a basis of incorrect information supplied by the applicant(s) or his agent(s) or in violation of any of the Code(s) or regulation(s) of the City.
[Ord. No. 738, passed 2-22-2010]
The City Council shall establish a schedule of fees, charges, and expenses, and a collection procedure for all matters pertaining to this Code. The schedule of fees shall be posted in the City office and may be altered or amended only by the City Council. Final approval will not be issued until such costs, charges, fees or expenses set by City Council have been paid in full, nor shall any action be taken on proceedings before the City Council, Planning Commission, or Zoning Board of Appeals, until preliminary charges and fees have been paid in full.
[Ord. No. 738, passed 2-22-2010]
Any building erected, altered, razed or converted, or any use carried on, in violation of any provision of this Zoning Code, is hereby declared to be a nuisance per se.
[Ord. No. 738, passed 2-22-2010]
A person who violates any provision of this Zoning Code is responsible for a Municipal civil infraction, subject to the payment of a civil fine as determined by resolution of the City Council, plus costs and other sanctions, for each infraction. Repeat offenses under this Zoning Code shall be subject to increased fines as provided below. As used in this section, "repeat offense" means a second or any subsequent Municipal civil infraction violation of the same requirement or provision of this Zoning Code committed by a person within any six-month period and for which the person admits responsibility or is determined to be responsible. The increased fine for repeat offenses under this Zoning Code shall be as follows:
(a) 
The fine for any offense, which is a first repeat offense, shall be determined by resolution of the City Council, plus costs;
(b) 
The fine for any offense, which is a second, repeat offense or any subsequent repeat offense shall be determined by resolution of the City Council, plus costs.
[Ord. No. 738, passed 2-22-2010]
The Zoning Administrator, or his or her designee, is hereby designated as the authorized City official to issue Municipal civil infraction citations (directing alleged violators to appear in Court), or Municipal civil infraction violation notices (directing alleged violators to appear at the City Municipal Ordinance Violations Bureau), as provided in these Codified Ordinances.
[Ord. No. 738, passed 2-22-2010]
(a) 
Public notification. All applications for development approval requiring a public hearing shall comply with the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended, and the other provisions of this section with regard to public notification.
(1) 
Responsibility. When the provisions of this Zoning Code or the Michigan Zoning Enabling Act require that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the City and mailed or delivered as provided in this section.
(2) 
Content. All mail, personal and newspaper notices for public hearings shall:
A. 
Describe nature of the request: Identify whether the request is for a rezoning, text amendment, special use, planned unit development, variance, appeal, ordinance interpretation, or other purpose.
B. 
Location. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.
C. 
When and where the request will be considered. Indicate the date, time and place of the public hearing(s).
D. 
Written comments. Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel.
E. 
Handicap access. Information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.
(3) 
Personal and mailed notice.
A. 
General. When the provision of this Zoning Code or State law require that personal or mailed notice be provided, notice shall be provided to:
1. 
The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.
2. 
Except for rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property; to all persons to whom real property is assessed within 300 feet of the boundary of the property subject to the request and one occupant of all structures within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the City. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The applicant shall provide the Zoning Administrator with a list of such persons along with the application.
3. 
All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to division (b) of this section, registration to receive notice by mail.
4. 
Other governmental units or infrastructure agencies within one mile of the property involved in the application.
B. 
Notice by mail/affidavit. Notice shall be deemed mailed by its deposit during normal business hours for delivery with the United States postal service or other public or private delivery service. The Zoning Administrator shall prepare a list of property owners and registrants to whom notice was mailed, as well as anyone to whom personal notice was delivered.
(4) 
Timing of notice. Unless otherwise provided in Act No. 110 of the Public Acts of 2006, as amended, or this Zoning Code where applicable, the notice for a public hearing on an application for a rezoning, text amendment, special use, planned unit development, variance, appeal, ordinance interpretation, or other purpose must be published in a newspaper of general circulation, and for those receiving personal notice, deposited for delivery or personally delivered, not less than 15 days before the date the application will be considered for approval.
(b) 
Registration to receive notice by mail.
(1) 
General. Any neighborhood organization, public utility company, railroad or any other person may register with the Zoning Administrator to receive written notice of all applications for development approval pursuant to 1262.08(a)(3)A.3., personal and mailed notice, or written notice of all applications for development approval within the zoning district in which they are located. The Zoning Administrator shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by Council.
(2) 
Requirements. The requesting party must provide the Zoning Administrator information on an official form to ensure notification can be made. All registered persons must re-register biannually to continue to receive notification pursuant to this section.