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(A) It shall be unlawful to use or permit the use of any land, building, or structure for which a building permit and site permit is required and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired, or moved until the Building Official and/or Zoning Administrator shall have issued a certificate of occupancy stating that the provisions of this ordinance have been complied with.
(B) The following provisions shall apply.
(1) Certificate validity. The certificate of occupancy, as required for new construction or of renovations to existing buildings and structures in the Building Code, shall also constitute a certificate of occupancy.
(2) Records of certificates. A record of all certificates of occupancy shall be kept in the office of the Building Official and/or Zoning Administrator and copies of the certificates of occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.
(3) Certificates for accessory buildings to dwellings. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather, may be included in the certificate of occupancy for the principal dwelling, building, or structure on the same lot when the accessory buildings or structures are completed at the same time as the principal use.
(4) Temporary certificates. Certificates of temporary occupancy may be issued for a part of a building or structure prior to the occupation of the entire building or structure, provided that the certificate of temporary occupancy shall not remain in force more than 120 days, nor more than 5 days after the building or structure is fully completed and ready for occupancy, and provided further that those portions of the building or structure are in conformity with the provisions of this ordinance.
(5) Application for certificates of occupancy. Any person applying for a site permit or building permit shall at the same time apply to the Building Official and/or Zoning Administrator, in writing, for a certificate of occupancy. It shall be the duty of that person to notify the Building Official and/or Zoning Administrator upon completion of the building or structure. The Building Official and/or Zoning Administrator shall, within 5 business days after actual receipt of that notification, inspect the building or structure, and if he or she shall determine that the building or structure or part thereof or the proposed use of the premises is in conformity with this and other applicable ordinances and laws, the Building Official and/or Zoning Administrator shall determine that a violation exists, he or she shall not issue a certificate of occupancy and shall forthwith notify the applicant of that refusal and the cause therefor.
The recipient of any building permit and site permit for the construction, erection, alteration, repair, or moving of any building, structure, or part thereof shall notify the Building Official and/or Zoning Administrator or Public Works Director immediately upon the completion of the work authorized by that permit for a final inspection.
Fees for inspections and the issuance of permits or certificates or copies thereof required or issued under the provisions of this ordinance shall be collected by the Zoning Administrator or Public Works Director in advance of the issuance of the permits or certificates. The amount of the fees shall be established by the City Council and shall cover the cost of inspection and supervision resulting from the enforcement of this ordinance.
The City Council may, upon recommendation from the Planning Commission, on a motion or petition from the Commission, amend, supplement, or change the regulations of the district boundaries of this ordinance as established herein, subsequently pursuant to the authority and procedure set forth in Public Act 207 of 1921, as amended, being M.C.L.A. §§ 125.581 - 125.590. Any applicant desiring to have any change made in this ordinance shall, with his or her petition for that change, deposit a fee as determined by the City Council with the City Treasurer at the time that the petition is filed to cover the publication and other miscellaneous costs for the change.
The Planning Commission, as herein created, shall have the following specific powers and duties concerning special approvals.
(A) Purpose. In hearing and deciding upon special approvals, the Planning Commission shall base its actions on the theory that the development and execution of a comprehensive zoning ordinance is founded upon the division of the city into districts within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are variations in the nature of special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. These special uses fall into 2 categories:
(1) Uses either municipally operated or operated by publicly regulated utilities or uses traditionally affected with a public interest; and
(2) Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(C) Application. An application for special approval for a land use shall be filed and processed in the manner prescribed for application for site plan review in § 157.092 and shall be in that form and accompanied by that information as shall be established from time to time by the Planning Commission. Any application for special land use approval shall be filed simultaneously with an application for site plan review for the subject use.
(D) Notice of request for special approval. Notice of a request for special approval of a land use shall be in the form of 1 notice published in a newspaper of general circulation in the city, plus a notice sent by mail or by personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the use in question, and to the occupants of all structures within 300 feet, except that the notice shall be given not less than 5 and not more than 15 days before the application will be considered.
(1) 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 1 occupant of a structure, except that if a structure contains more than 1 dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, 1 occupant of each unit or spatial area shall receive notice.
(2) In the case of a single structure containing more than 4 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 notice shall:
(a) Describe the nature of the special land use request;
(b) Indicate the property which is the subject of the special land use request;
(c) State when and where the special land use request will be considered;
(d) Indicate when and where written comments will be received concerning the request; and
(e) Indicate that a public hearing on the special land use request may be requested by a property owner or the occupant of a structure located within 300 feet of the boundary of the use being considered for a special use.
(E) Hearing. At the initiative of the Planning Commission, or upon the request of the applicant for special approval of a land use, or a property owner or the occupant of a structure located within 300 feet of the boundary of the use being considered, a public hearing shall be held with notice as provided in subsection (D), before a decision on the special approval request is made. If the applicant or the Planning Commission requests a public hearing, only notification of the public hearing need be made and no notice of request for special approval, as provided in subsection (D), is required. A decision on a special approval request which is based on discretionary grounds shall not be made unless notification of the request for special approval, or notification of a public hearing on a special approval request is given as required by this section.
(F) Standards. No special approval shall be granted by the Planning Commission unless the special use:
(1) Will reasonably promote the use of land in a socially and economically desirable manner for those persons who will use the proposed land use or activity, for those landowners and residents who are adjacent, and for the city as a whole;
(2) Is compatible with adjacent uses of land;
(3) Is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected;
(4) Can be adequately served by public services and facilities without diminishing or adversely affecting public services and facilities to existing land uses in the area;
(5) Will reasonably protect the natural environment and help conserve natural resources and energy;
(6) Is within the provisions of uses requiring special approval as set forth in the various zoning districts herein, is in harmony with the purposes and conforms to the applicable regulations of the zoning district in which it is to be located, and meets applicable site design standards for the particular use; and
(7) Is related to the valid exercise of the city’s police power and purposes which are affected by the proposed use or activity.
(G) Approval. Planning Commission may deny, approve, or approve with conditions, requests for special approval of a land use. The decision on a special approval shall be incorporated in a statement of conclusions relative to the specific land use under consideration. The decision shall specify the basis for the decision, and any conditions imposed. If, within 15 days of the decision of the Planning Commission, there is an objection by the applicant or by a property owner or occupant of a structure within 300 feet of the special use being considered, then the matter shall be referred to the City Council for review and action.
(H) Record. The conditions imposed with respect to the special approval of a land use or activity shall be recorded in the record of the special approval action and shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The Planning Commission shall maintain a record of changes granted in conditions.
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