A.
Where the provisions of this chapter authorize or direct the Zoning
Administrator to perform any act or carry out any function, such act
or function may also be carried out by a deputy or deputies designated
by the Zoning Administrator.
B.
The Zoning Administrator shall have the power to grant certificates
of zoning compliance and to make inspections of premises necessary
to carry out his/her duties in the enforcement of this chapter, and
to otherwise carry out the duties assigned herein.
C.
The Zoning Administrator shall order discontinuance of illegal uses
of land, buildings, or structures; removal of illegal buildings or
structures; discontinuance of any illegal work being done; or shall
take any other action authorized by this chapter to ensure compliance
with, or prevent violations of its provisions.
D.
It shall be unlawful for the Zoning Administrator to approve any plans or issue a land use permit for any excavation or construction or use until such plans have been reviewed in detail and are found to be in compliance with this chapter. To this end, the Zoning Administrator shall require that an application for a land use permit for excavation, construction, moving, alteration, or change in type of use or type of occupancy, shall, where required by this chapter, be accompanied by a site plan, in accordance with Article XVII hereof.
E.
Issuance of a certificate of zoning compliance shall in no case be
construed as waiving any provisions of this chapter. The Zoning Administrator
shall have no authority to grant exceptions to the actual meaning
of any clause, order, or regulation contained in this chapter to any
person making application to excavate, construct, move, alter, or
use buildings, structures, or land. The Zoning Administrator shall
have no authority to make changes to this chapter or to vary the terms
of this chapter in carrying out his or her duties.
A.
All applications for amendments to the chapter shall be submitted
to the Zoning Administrator at least 30 days prior to the first consideration
by the Village Planning Commission.
B.
Any person affected by this chapter may submit a petition in writing
to the Zoning Administrator requesting that consideration be given
to amendments to this chapter in the particulars set forth in the
petition. Such petitions shall be accompanied by the required fee
and shall include the following:
(1)
The name, address, and interest of the person making the request
and the name, address, and interest of all persons having a legal
or equitable interest in any land which is requested to be rezoned;
(2)
The nature and effect of the proposed amendment;
(3)
If the proposed amendment would require a change in the Zoning
Map, a fully dimensioned map showing the land which would be affected
by the requested amendment, a legal description of such land, the
present zoning district of such land, the zoning district(s) of all
abutting lands, and all public and private rights-of-way and easements
bounding and intersecting the land to be rezoned;
(4)
The alleged error in the chapter which would be corrected by
the proposed amendment, with a detailed explanation of such alleged
error and detailed reasons why the proposed amendment will correct
the same;
(5)
The changed or changing conditions in the area or in the Village
that make the proposed amendment reasonably necessary to the promotion
of the public health, safety, and general welfare;
(6)
All other circumstances, factors, and reasons which the petitioner
offers in support of the proposed amendment.
(7)
A written response justifying an amendment with regards to the
following statements. These statements will be used as standards for
the Planning Commission and Village Council to use in their consideration
of the requested amendment:
(a)
Whether there are changed conditions in the community that have
occurred since the property was originally zoned warranting the rezoning
request.
(b)
Whether the property is reasonably able to be used as zoned
and whether the property can be reasonably used under the proposed
zoning.
(c)
Whether there are other areas of the community that are better
suited and planned for the proposed zoning.
(d)
Whether the rezoning is consistent with the goals, policies,
and future land use map of the Spring Lake Village Master Plan.
(e)
Whether the rezoning is compatible with the site's physical,
geological, hydrological, and other environmental features given uses
permitted in the proposed zoning district.
(f)
Whether the property is compatible with all the potential uses
allowed in the proposed zoning district and with the surrounding uses
and zoning in terms of land suitability, impacts on the environment,
density, nature of use, traffic impacts, aesthetics, and infrastructure.
(g)
Whether there is capacity of Village infrastructure and services
sufficient to accommodate the uses permitted in the requested district
without compromising the "health, safety and welfare" of the Village
or its residents.
(h)
Whether there is capacity of the street system to safely and
efficiently accommodate the expected traffic generated by uses permitted
in the requested zoning district.
(i)
Whether the rezoning would support a rational and sequential
development pattern keeping potential development near existing development
and infrastructure, avoiding "leap frog" type development.
C.
Conditions. It is recognized that there are certain instances where
it would be in the best interest of the Village, as well as advantageous
to property owners seeking an amendment to zoning boundaries, if certain
conditions could be proposed by property owners as part of a request
for rezoning. Therefore, an owner seeking a rezoning may voluntarily
propose conditions regarding the use and/or development of land as
part of the rezoning request, in accordance with the Michigan Zoning
Enabling Act,[1] as amended.
(1)
The offer of conditions or restrictions shall be received in
writing with the rezoning application, prior to the Planning Commission
public hearing on the rezoning request. Provided, if an offer of conditions
is proposed at a Planning Commission public hearing on the rezoning
request, the public hearing may be adjourned or recessed to provide
the Village time to consider the offer; and if an offer of conditions
is proposed at a Village Council meeting, the rezoning request and
such conditions shall be remanded back to the Planning Commission
for consideration.
(2)
The Village of Spring Lake shall not add to, alter, or augment
the offer of conditions or restrictions.
(3)
The Planning Commission or Village Council may table a request
to give residents of the Village of Spring Lake more time to fully
understand the offer of conditions.
(4)
Offers of conditions or restrictions shall not be approved if
such conditions or restrictions would have the effect of departing
from the standards of the zoning ordinance or other regulations or
ordinances promulgated by, or applicable in, the Village of Spring
Lake.
(5)
When considering an offer of conditions or restrictions, the
Village shall determine whether the conditions or restrictions offered
would address or mitigate impacts that might otherwise be reasonably
expected to result from the rezoning request.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
D.
Expiration of agreement, reversion, and extensions of conditions.
(1)
In approving the conditions, the Village Council may establish a time period during which the conditions apply to the land. Except for an extension under Subsection D(3) hereof, if the conditions are not satisfied within the time specified, the land shall revert back to its former zoning classification, as set forth in Subsection D(4) hereof.
(2)
Neither the applicant nor the Village Council shall add to or alter the approved conditions during the time period specified in Subsection D(1) except by mutual agreement.
(3)
The time period specified in Subsection D(1) may be extended upon the request of the applicant and with the approval of the Village Council in accordance with the following standards:
(a)
The applicant shall submit in writing a request to the Zoning
Administrator, who will forward the written request and the Zoning
Administrator's recommendation on the request to the Planning Commission.
The written request shall include reasons why the extension is being
sought.
(b)
Upon recommendation of the Planning Commission, the Village Council may extend the time period specified under Subsection D(1). In the event such request is approved, if the conditions are not satisfied within the time specified under the extension, the land shall revert back to its former zoning classification, as set forth in Subsection D(4).
(4)
If the conditions are not satisfied or the restrictions are
not established within the specified time period, the Zoning Administrator
shall initiate the reversion process, in which the land reverts back
to its former zoning classification, in accordance with this subsection.
At a public hearing, the Planning Commission shall determine whether
the applicant has failed to satisfy the approved conditions, shall
state what specific conditions were not met, shall note all comments
and reports requested or the absence of such, and shall recommend
to the Village Council whether to rezone the land back to its former
zoning classification. The Village Council shall make a decision as
to the rezoning of the property.
E.
Coordination and performance bonds.
(1)
Where proposed conditions involve public improvements, the applicant
shall submit the following to the Planning Commission prior to the
final approval of the rezoning and offer of conditions:
(2)
The Village may require a performance bond or similar financial
guarantee in a form approved by the Village Attorney as part of the
agreement or approval.
F.
Recording.
(1)
If the Village Council finds the rezoning request and offer
of conditions acceptable, the offered conditions shall be incorporated
into a formal written statement of conditions acceptable to the owner
and conforming to the provisions of this section. The statement of
conditions shall be incorporated by attachment or otherwise as an
inseparable part of the ordinance adopted by the Village Council to
accomplish the requested rezoning.
(2)
The statement of conditions shall:
(a)
Be in a form acceptable to the Village Attorney and recordable
with the Register of Deeds of Ottawa County;
(b)
Contain a legal description of the land to which it pertains;
(c)
Contain a statement acknowledging that the statement of conditions
runs with the land and is binding upon successive owners of the land;
(d)
Incorporate, by attachment, any diagrams, plans or other documents
submitted or approved by the owner that are necessary to illustrate
the implementation of the statement of conditions; and
(e)
Contain the notarized signature of all of the owners of the
subject land preceded by a statement attesting to the fact that they
voluntarily offer and consent to the provisions contained within the
statement of conditions.
(3)
Upon the rezoning taking effect, the Zoning Map shall be amended
to reflect the new zoning classification along with a designation
that the land was rezoned with a statement of conditions. The Village
Clerk shall maintain a listing of all lands rezoned with a statement
of conditions.
G.
Failure to offer conditions. The Village shall not require an owner
to offer conditions as a requirement for rezoning. The lack of an
offer of conditions shall not affect an owner's rights under this
chapter.
[Amended 2-21-2022 by Ord. No. 375]
Whenever a public hearing is required or granted by discretion
under the provisions of this chapter or the Zoning Act relating to
an application or request for zoning approval or other zoning action
the public hearing shall be noticed in accordance with the requirements
of the Michigan Zoning Enabling Act.
A.
No building permit shall be issued for the construction, erection,
alteration, expansion, moving or repair of any building or other structure
until a certificate of zoning compliance has been issued therefor.
Issuance of such a certificate shall indicate that the use and plans
for which the permit is requested comply with this chapter.
B.
It shall be unlawful to use or occupy or permit the use or occupancy
of any building, structure or premises, or part thereof hereafter
created, erected, changed, converted or wholly or partly altered or
enlarged in its use or structure, as permitted under the terms of
this chapter, until a certificate of zoning compliance shall have
been issued hereunder by the Zoning Administrator. The certificate
shall state that the building, structure, and lot and use thereof,
conform to the requirements of this chapter.
C.
The Zoning Administrator shall maintain a record of all certificates
of zoning compliance.
D.
Certificates of zoning compliance authorize only the use, arrangement and construction set forth in the application and any appended plans, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter, and is punishable as provided by § 390-154. Any change in approved plans shall occur only as provided for in this chapter and shall require the issuance of an amended certificate of zoning compliance.
A.
As a condition of approval of a site plan, special land use, variance,
or planned unit development, the Planning Commission, Village Council,
or Zoning Board of Appeals may require a performance guarantee to
ensure the installation of those features or components of the approved
activity or construction which are considered necessary to protect
the health, safety, and welfare of the public and of users or inhabitants
of the proposed development. Such features or components, hereafter
referred to as "improvements," may include but shall not be limited
to roadways, curbs, landscaping, fences, walls, screens, lighting,
drainage facilities, sidewalks, driveways, utilities and similar items.
(1)
Such performance guarantee shall be in a principal amount reasonably
estimated to enable the Village to recover any costs the Village incurs
to complete such work or otherwise assure compliance with the requirements,
specifications, and conditions of such approval should the applicant
fail to do so within the time specified within the approval. The Zoning
Administrator, the Village Engineer, the Village's legal counsel and
the applicant shall work together to establish the amount needed to
reasonably cover the costs of nonperformance. The terms of the performance
guarantee may, but shall not be required to, provide for partial releases
of the amount of the guarantee as the requirements, specifications
and conditions imposed with the approval are fulfilled. If the applicant
disagrees with the Village staff as to the amount needed to reasonably
cover the costs of nonperformance, the Village Engineer shall provide
an engineer's cost estimate shall be used to determine the amount
required.
(2)
The performance guarantee shall be provided before any permits
are issued pursuant to this chapter or the construction code and the
failure of any such performance guarantee shall be a basis for revoking
any permit granted under this chapter or the construction code.
B.
Performance guarantees shall be processed in the following manner:
(1)
Prior to the filing of a final site plan, a pre-application
conference may be held to provide an opportunity to the Village staff
to inform the applicant of the Village's requirements regarding performance
guarantees.
(2)
Upon filing of the final site plan, the applicant shall prepare
an itemized cost estimate of the required improvements, which shall
then be reviewed by the Zoning Administrator. The amount of the performance
guarantee shall be 100% of the cost of installing the required improvements,
plus the cost of necessary engineering and a reasonable amount for
contingencies.
(3)
The required performance guarantee may be in the form of a cash
deposit, certified check, irrevocable bank letter of credit, or surety
bond acceptable to the Village.
(4)
Upon receipt of the required performance guarantee, the Zoning
Administrator shall issue a certificate of zoning compliance for the
subject development or activity.
(5)
The Zoning Administrator, upon written request of the obligor,
shall rebate portions of the performance guarantee upon determination
that the improvements for which the rebate has been requested have
been satisfactorily completed. The portion of the performance guarantee
to be rebated shall be in the same amount as stated in the itemized
cost estimate for the applicable improvement.
(6)
When all of the required improvements have been completed, the
obligor shall send written notice to the Village Clerk of completion
of said improvements.
(a)
Thereupon, the Zoning Administrator shall inspect all of the
improvements and shall recommend to the Council approval, partial
approval, or rejection of the improvements with a statement of the
reasons for any rejections. If partial approval is recommended, the
cost of the improvement rejected shall be set forth.
(b)
The Council shall either approve, partially approve or reject
the improvements. The Zoning Administrator shall notify the obligor
in writing of the action of the Council within 30 days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
liability pursuant to relevant portions of the performance guarantee,
except for that portion sufficient to secure completion of the improvements
not yet approved.
(7)
A record of authorized performance guarantees shall be maintained
by the Zoning Administrator.
A.
Penalties. Any person violating any provision of this chapter shall be responsible for a municipal civil infraction, subject to the general penalty in § 1-2 of the Code of the Village of Spring Lake.
(1)
A separate offense shall be deemed committed upon each day during
or when a violation of this chapter occurs or continues.
(2)
The owner of record or tenant of any building, structure, premises,
or part thereof, and any agent or person who commits, participates
in, assists in, or maintains such violation may each be found guilty
of a separate offense and suffer the penalties herein provided.
(3)
The imposition of any fine shall not exempt the violator from
compliance with the provisions of this chapter.
(4)
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 chapter and in violation of any of
the provisions thereof is hereby declared to be a public nuisance
per se, and may be abated by order of any court of competent jurisdiction.
B.
Procedure. The Zoning Administrator shall be authorized to issue
and serve civil infraction documents on any person with respect to
any violation of this chapter when there is reasonable cause to believe
that the person has committed such an offense. The Village, through
its duly authorized attorney, may pursue a civil infraction proceeding
for any violation of this chapter. In addition, the Village, acting
through its duly authorized attorney, may institute injunction, mandamus,
abatement or any other appropriate action or proceeding to prevent,
enjoin, abate, or remove any violation of this chapter.
C.
Rights and remedies. The rights and remedies provided herein are
cumulative and in addition to any other remedies provided by law.
No officer, agent, employee, or member of the Village Council,
Planning Commission, or Board of Appeals shall be personally liable
for any damage which may accrue to any person or property as the result
of any act, decision or other consequence or occurrence arising out
of the discharge of his or her duties and responsibilities pursuant
to this chapter.
The Village Council shall periodically establish by resolution
a schedule of fees and escrow amounts to be paid by applicants for
any permit, certificate, approval, application, or appeals required
by this chapter. All fees shall be paid to the Zoning Administrator,
who shall promptly remit the same to the Village Treasurer. The fee
and escrow schedule shall be posted on public display in the Village
Hall and may be changed only by resolution of the Village Council.
No permit, certificate, approval, application or appeal shall be issued
or considered unless and until the fees and escrow amounts therefor
have been paid in full, and payment of the required fees and escrow
shall be a condition precedent to the validity of any permit, certificate,
or approval.
