The provisions of this chapter shall be carried out by the City Planning Commission, the Zoning Board of Appeals, the City Commission, and the City Zoning Administrator in conformance with applicable state enabling legislation.
(A) Zoning Administrator.
(1) The City Commission, with the recommendation of the Planning Commission, shall employ a Zoning Administrator to carry out day-to-day administration and enforcement of this chapter. The City Commission may designate the Building Inspector as the Zoning Administrator. Conditions of the Zoning Administrator’s employment, including compensation, shall be established by the City Commission. Additional staff may be employed, under the supervision of the Zoning Administrator, to assist with administration and enforcement of this chapter.
(2) The Zoning Administrator’s duties shall include the following items and any other tasks that may be assigned by the City Commission or provisions of this chapter.
(a) Accept and record applications, issue and record permits. All applications for site plans shall be submitted to the Zoning Administrator who shall keep a record of all applications that have been submitted and their disposition. When all applicable provisions of this chapter have been met regarding any application, the Zoning Administrator shall allow a building permit to be issued for the proposed use. When conditions are not met, the Zoning Administrator shall consult with the applicant to determine the proper course of action (see “review process” table in § 154.151(G)). The Zoning Administrator shall maintain a record of all applications, including documentation for each.
(b) Issue written denial. When any application for a site plan is denied, the Zoning Administrator shall provide the applicant with a written denial, stating the reasons for the denial.
(c) Notice of hearings. Whenever a zoning matter is the subject of a public hearing before the Planning Commission or the Zoning Board of Appeals, the Zoning Administrator shall prepare notices of the hearing and disseminate said notices as required by this chapter.
(d) Inspections. The Zoning Administrator shall be empowered to make inspections of buildings or premises to carry out enforcement of this chapter.
(e) Record nonconforming uses. The Zoning Administrator shall record all nonconforming uses existing at the effective date of this chapter.
(f) Record special uses. The Zoning Administrator shall keep a record of all special use permits issued under the terms of this chapter.
(g) Record interpretations of chapter. The Zoning Administrator shall maintain a concise record of all interpretations of this chapter rendered by the Zoning Board of Appeals. Interpretations of this chapter do not include dimensional or administrative issues. This record shall be consulted whenever questions arise concerning interpretation of any provision of this chapter to determine whether any applicable precedents have been set.
(h) Public information. The Zoning Administrator shall respond to inquiries and dispense information or copies of this chapter to make the public aware of and familiar with the provisions of this chapter. Public awareness and acceptance of this chapter will help to maintain compliance with it.
(i) Respond to complaints. The Zoning Administrator shall respond within five business days, whenever possible, to any complaint regarding an alleged violation of the terms or conditions of this chapter or any permit issued pursuant to it. The Zoning Administrator shall provide a report at each regular Planning Commission meeting summarizing the nature and disposition of complaints that have been received. A written record of all complaints, responses and dispositions of the complaint will be maintained.
(j) May not change chapter. Under no circumstances is the Zoning Administrator permitted to make changes in this chapter or to vary the terms of this chapter.
(B) Planning Commission.
(1) Membership. The Planning Commission shall be composed of nine members, appointed by the Mayor with the approval of the City Commission.
(2) Terms of office. The term of service for each member shall be three years. Rotation of membership is encouraged.
(3) Rules of procedure. The Planning Commission shall adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function. The Commission shall choose its Chairperson, Vice Chairperson and Secretary.
(4) Meetings. The Planning Commission shall meet monthly and by resolution shall determine the time and place of meetings. All meetings shall be properly noticed and open to the public.
(5) Per diem or expenses. Members of the Planning Commission may be compensated for their services as provided by the City Commission. The Planning Commission may make and administer regulations relative to compensation for the travel of its members and employees when engaged in the performance of activities authorized by the Planning Commission.
(6) Development plan. The Planning Commission shall make and adopt a basic plan as a guide for the development of the city. Plan contents, adoption, amendment, approval by the County Planning Commission, hearing and publication shall be according to M.C.L.A. §§ 125.3101 through 125.3702 and M.C.L.A. §§ 125.3801 through 125.3885, as amended.
(7) Zoning ordinance. The zoning ordinance shall be based on a plan designed to promote the public health, safety and general welfare.
(8) Administration and enforcement. The Planning Commission shall be responsible for the following administrative and enforcement activities under this chapter.
(a) Site plan approval. The Planning Commission shall review site plans and issue its approval, conditional approval or denial.
(b) Special use permits. The Planning Commission shall conduct a public hearing on any application for a special use permit. Following a public hearing, the Planning Commission shall review and approve or deny said application. The Planning Commission shall also take any necessary action to revoke a special use permit.
(c) Rezoning or amendment. The Planning Commission shall conduct public hearings for proposals to rezone property or amend the text of this chapter. Following a public hearing, the Planning Commission shall make its recommendation regarding the proposed rezoning or text change to the City Commission. The Planning Commission may initiate a text change or rezoning, subject to the requirements for notice, hearing and City Commission approval.
(D) City Commission.
(1) On recommendation of the Planning Commission, the City Commission has adopted the zoning ordinance, making it the enforceable policy of city government.
(2) Likewise, the City Commission may amend the text of this chapter or the boundaries of zoning districts (rezoning).
(3) The City Commission may review all zoning decisions of the Planning Commission. The City Commission shall, by resolution, set fees to be charged for any administrative action under this chapter. The Commission may also act to waive any fee.
(Ord. passed 11-2-2005)