It is the intent of this article to establish the roles and
responsibilities of those involved in administration of this Zoning
Ordinance, to provide for issuance of zoning permits, to establish
rules for enforcement of this chapter and to establish penalties for
its violation.
The provisions of this chapter shall be administered by Planning
Department. The Planning Department may delegate its responsibilities
for administration or enforcement with the approval of the City Commission.
The table below outlines the other roles and responsibilities of the
Planning Department, Planning Commission, Zoning Board of Appeals
(ZBA), City Commission and City Clerk under this chapter.
Table 7.21.1: Administration and Enforcement Authority
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Planning Department
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Primary responsibility for administration of this chapter
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Interpret the ordinance as needed to enforce the Zoning Ordinance
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Provide citizens and public officials with information relative
to the chapter
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Zoning Compliance
|
Review and approve zoning permits, change of use or for any
improvements other than for single-family dwellings and accessory
structures on existing lots
|
Determine if a use not specifically defined is similar to another permitted use (§ 7-2.08)
| |
Conduct inspections for zoning compliance
| |
Accept applications for site plans, special land use requests,
rezonings, text amendments, variances, appeals of administrative decisions
and interpretations
| |
Site Plan Review (per Article XVIII)
|
Review site plans for compliance, determine type of review required,
and forward to staff and Planning Commission as needed
|
Maintain copies of approved site plans
| |
Review minor changes to site plan for approval
| |
Special Land Use (per Article XIX)
|
Conduct optional preliminary review of special land use requests
|
Review proposed amendments of special land use requests and
classify as major or minor
| |
Nonconforming Lots, Uses, and Structures (per Article XX)
|
Review applications for Class A nonconforming status
|
Initiate revocation of Class A nonconforming designation
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Prepare recommendation on change in nonconforming use
| |
Submit determination of abandonment to ZBA
| |
Authority to grant extensions on parking lot completion requirement (§ 7-16.05)
| |
Authority to require performance guarantees (§ 7-21.06)
| |
Maintain record of ZBA interpretations (§ 7-22.05)
| |
Determine the precise location of boundary lines between districts
| |
Prepare recommendations on proposed rezoning and text amendments
| |
Undertake other responsibilities as identified in this chapter
or delegated by the City Manager or City Commission
| |
Building Official
| |
Review and approve applications for zoning permits for fences (§ 7-15.03)
| |
Review and approve applications for zoning permits for signs (§ 7-17.01)
| |
Require removal of unsafe signs (Table 7.17.2)
| |
Review and approve zoning permits for single-family dwellings
and accessory structures on existing lots
| |
Conduct inspections for zoning compliance
| |
Undertake other responsibilities as identified in this chapter
or delegated by the City Manager or City Commission
| |
Planning Commission
| |
Review and approve site plans, and major amendments to site
plans
| |
Hold public hearings for, review and approve special land use
requests, amendments and revocations
| |
Hold public hearings and make recommendations on map and text
amendments to Zoning Ordinance
| |
Hold public hearings for, review and approve requests for Class
A Nonconforming status
| |
Approve change of nonconforming use to another nonconforming
use
| |
Consult with Planning Department on initial interpretation of
Zoning Ordinance text and map
| |
Grant exceptions to landscaping provisions [§ 7-15.02B(2)]
| |
Zoning Board of Appeals
| |
Review and decide requests for variances
| |
Review and decide appeals of administrative decisions
| |
Review request for interpretations from the Planning Department
and Planning Commission or hear appeals of initial determinations
by Planning Department and Planning Commission
| |
Make determination of abandonment (§ 7-20.07)
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City Commission
| |
Approve appointment of ZBA members
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Approve appointment of Planning Commission members
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Establish fee schedule for permits and reviews
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Approve text and map amendments to Zoning Ordinance
| |
Initiate amendments to the Zoning Ordinance
| |
City Clerk
| |
Receive request from any utility, railroad, or airport that
wishes notice of zoning amendments [Sec. 306(2) of PA 110].[1]
| |
Maintain file of zoning ordinance and all amendments [Sec. 401(7)
of PA 110].[2]
| |
Receive petition to rescind zoning ordinance and determine adequacy
of petition [Sec. 402(2) and (3) of PA 110].[3]
| |
Handle any performance guarantees deposited [Sec. 505(1) of
PA 110].[4]
| |
Receive protest petition [Sec. 403(1) of PA 110].[5]
| |
Handle posting and mailing all public notices
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A.
Permit required.
(2)
A zoning permit must be obtained from the Planning Department
before any change in the use of any land or structure or change in
occupancy is undertaken.
(3)
For use requiring site plan approval, that approval takes the
place of a zoning permit. For structures or improvements that require
a building permit, the zoning permit may be incorporated into the
building permit, but structures such as fences or small accessory
buildings that do not require a building permit still require a zoning
permit.
B.
Application. A zoning permit shall be applied for in writing on an
application form provided by the City. The application will include
a plot plan of the subject parcel adequate to determine compliance
with this chapter.
C.
Standards for permit issuance.
(1)
A zoning permit shall be issued by Planning Department or Building
Official whenever the proposed use:
(a)
Complies with the provisions of this chapter.
(b)
Any necessary Planning Commission, ZBA, City Commission, or
other local, state or federal approvals have been obtained.
(c)
When a structure shall be moved, the site from which the structure
has been moved shall be graded level and all debris shall be cleared
away.
(2)
A permit shall not be refused when conditions imposed by this
chapter are complied with by the applicant despite violations of contracts,
such as covenants or private agreements which may occur upon the granting
of said permit.
D.
Approval process.
(1)
The Planning Department/Building Official shall make a decision
within five business days of receiving a complete zoning permit application.
(2)
The Planning Department/Building Official shall issue the zoning
permit or a letter explaining the reason(s) for denial of the application.
(3)
A structure requiring a zoning permit shall not be issued a
building permit until the zoning permit has been issued.
(4)
The Planning Department/Building Official shall maintain a record
of all zoning permit applications.
(5)
The Planning Department/Building Official shall inspect the
site prior to issuing final zoning approval. A building certificate
of occupancy shall not be issued by the Building Official until compliance
with the zoning permit has been verified by the Building Official.
In the case of multi-unit structures such as shopping centers, zoning
approval and certificate of occupancy may be granted on an individual
unit basis, provided any project wide improvements such as parking
lots or entrances have been completed in compliance with the chapter.
E.
Expiration. A zoning permit shall expire one year after the date
of issuance unless the applicant has been issued a building permit.
For zoning permits that do not involve construction such as a permit
approving the change in the use of a building, the permit shall expire
one year after the date of issuance unless the proposed use has been
commenced within that period.
F.
Revocation of permits. Any zoning permit issued in error or pursuant
to an application containing any false statements shall be void. The
Building Official shall revoke a zoning permit for failure to comply
with the terms of the permit.
A.
Reporting violations. The Planning Department shall enforce the provisions
of this chapter. Any and all building or land use activities considered
possible violations of the provisions of this chapter shall be communicated
to the Planning Department. Variation or deficiencies from an approved
site plan shall be considered a violation of this chapter. Commencement
of an investigation into a violation is based upon a complaint received
verbally or in writing. Violations reported to the Planning Department
and/or their assigns shall be subject to the enforcement procedures
below.
B.
Inspection and enforcement procedure. If the Planning Department
receives a complaint or identifies a potential violation, the following
procedures shall be followed:
(1)
Inspection of violation. The Planning Department, Building Official,
or ordinance enforcement officer, as appropriate, shall inspect each
alleged violation of this chapter within 10 working days of receipt
of a complaint.
(2)
Correction period; requirements of notice. If a violation is
determined to have occurred, a notice of the violation shall be sent
in writing by certified mail addressed to the owner and/or occupant
of the property where the violation exists. If the occupant or owner
of the premises is unknown or cannot be located, notices shall be
given by posting a copy of said notice upon a conspicuous part of
the property where the nuisance is identified as being located and
by mailing a copy of said notice by certified and first-class mail,
addressed to the owner or party of interest at the address shown on
the current tax records. The notice shall specify the location and
nature of the violation and shall indicate that the owner, occupant
or person otherwise responsible, is required to abate the violation
within 21 days. The time frame may be increased to a maximum of 60
days. The notice will advise the applicant's right to appeal the administrative
decision within 21 days of the date of the letter. For projects under
construction, the Planning Department may issue a stop-work order
if the violation requires such, or if the violation has been previously
noticed and has not been remedied.
(3)
Noncompliance with order. A violation not corrected within the specified time shall be referred to the City Attorney. The City Attorney may undertake enforcement using the remedies outlined in § 7-21.08 below.
(4)
The Planning Department/Building Official may refuse to issue
new zoning permits to a person who has failed to correct violations
or to any person representing a firm, which has failed to correct
violations of this chapter. A zoning permit may also be withheld if
violations are identified on site upon application.
The City Commission shall set all fees for permits and reviews
required under this chapter. The fees will be set by resolution. The
City Commission may revise the fees from time to time as they determine
necessary. The City Commission may also establish procedures for establishing
escrow fees to cover the cost of review of applications.
A performance guarantee may be required to ensure compliance
with any conditions imposed as part of zoning approval. The guarantee
shall be in a form acceptable to the City such as a cash deposit,
certified check, irrevocable bank letter of credit or surety bond.
A.
Calculation of guarantee. The guarantee shall equal 110% of the value
of the improvement as calculated by the City or its consultants. The
guarantee shall include a schedule of costs assigned to the different
improvements. If multiple guarantees are required for the same project,
each will be treated separately.
B.
Deposit of guarantee. The guarantee shall be deposited with the City
prior to authorization for the work to proceed.
C.
Release of funds. Monies may be released by the City to the applicant
in proportion to work completed on the different elements after inspection
of work and approval of the Planning Department. Any partial release
of funds shall be less than 10%, which shall be retained by the City
until all work has been completed and subsequently inspected and approved
by the Building Official and Planning Department.
D.
Delay in improvements. In instances where all improvements, as required
in this section, are not completed, and a temporary certificate of
occupancy is requested, the estimated cost of the remaining improvement
shall be verified by the City, particularly with respect to any delay
to another construction season. If the estimated cost has changed,
then a revised guarantee, acceptable to the City, shall be filed with
the Clerk covering such improvements before a temporary certificate
of occupancy is issued.
Notice of public hearings required under this chapter shall
comply with the following requirements:
A.
Published notice. The City Clerk shall give notice of the public
hearing by publication of a notice in a newspaper of general circulation
in the City at least 15 days before the date of the public hearing.
B.
Mailed notice. For hearings involving specific parcels of property,
such as rezonings or variance requests, the City Clerk shall give
notice of the public hearing by mail or personal delivery to the owners
of the property that is the subject of the public hearing, as well
as to all persons to whom real property is assessed within 300 feet
of the property and to the occupants of all structures within 300
feet of the property, regardless of whether the property or occupant
is located in the City of Lapeer. 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 persons, one occupant of each unit or spatial area shall
be given notice. If a single structure contains more than four dwelling
units or other distinct spatial areas owned or leased by different
persons, notice may be given to the manager or owner of the structure,
who shall be requested to post the notice at the primary entrance
to the structure. The notice shall be mailed or personally delivered
not less than 15 days before the hearing. The notice requirements
of this subsection do not apply to rezonings consisting of 11 or more
adjacent parcels.
C.
Notice to adjacent jurisdiction. For hearings involving specific
parcels of property, where the parcel is within 300 feet of the City
boundary, the City shall mail a notice to the Planning Commission
Chairperson of the adjacent municipality at least 15 days before the
public hearing.
D.
Notice content. Notices required under the provisions of this section
shall contain the following information:
(1)
Describe the nature of the request.
(2)
Where the request involves a specific parcel of property, the
notice will include a listing of all existing street addresses within
the 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, the tax parcel ID of the property and description
of its location shall be used.
(3)
State when and where a copy of the request can be viewed.
(4)
State when and where the request will be considered.
(5)
Indicate when and where written comments will be received concerning
the request.
A.
Municipal civil infraction. Any person, firm, corporation, or anyone acting on behalf of any person, firm, or corporation, who shall violate any of the provisions of this chapter, or who shall fail to comply with any of the required conditions of the ZBA or the Planning Commission shall be guilty of a municipal civil infraction as described in Chapter 62, Civil Infractions, of the Code of the City of Lapeer. For the purposes of Chapter 62, Planning Department staff shall be an authorized official.
B.
Nuisance per se. Any building or structure which is used, erected,
altered, razed, or converted or any use of any premises which is begun
or changed and in violation of any provision of this chapter, is hereby
declared to be a nuisance per se.
C.
Restore or replace. In addition to the other remedies available under
this chapter, an individual, partnership, firm, corporation, organization,
institution, or agency of government that violates this section may
be ordered by the court to pay the costs to restore or replicate a
resource unlawfully constructed, added to, altered, repaired, moved,
excavated, neglected, or demolished.
D.
Cumulative rights and remedies. The rights and remedies provided
herein are cumulative and in addition to any other remedies provided
by law.
E.
Other remedies. The City Commission may institute injunction, mandamus,
abatement or other appropriate proceedings to prevent, enjoin, abate
or remove any unlawful erection, alteration, maintenance or use. The
rights and remedies herein provided are civil in nature and in addition
to criminal remedies.
F.
Compliance required. The imposition of any sentence shall not exempt
the offender from compliance with the requirements of this chapter.
G.
Stop-work order. Any person who shall continue any work in or about
the structure or premises after having been served with a stop-work
order, except such work as such person is directed by the Planning
Department to perform in order to remove violations or unsafe conditions
shall be in violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
H.
Each day a violation of the Zoning Ordinance continues shall be deemed
a separate offense.