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The following shall apply in the issuance of any permit.
(1) Permits not to be issued. No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this chapter.
(2) Permits for new use of land. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.
(3) Permits for new use of building. No building, structure, or part thereof shall be changed to or occupied by a use of a different class or type unless a building permit is first obtained for the new or different use.
(4) Permits required. No building, structure, or part thereof shall be hereafter erected, altered, moved or repaired unless a building permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of ingress and egress, or other changes affecting or regulated by the City Building Code, Housing Law of Michigan, or this chapter, except for minor repairs or changes not involving any of the aforesaid features.
(5) Deposit of guarantee. Any guarantee required by this chapter shall be deposited with the City Clerk prior to the issuance of permits.
(1993 Code, § 82-30) (Ord. passed 10-12-1992)
(A) No land, building, structure, or part thereof, shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such new use. The following shall apply in the issuance of any certificate.
(1) Certificates not to be issued. No certificates of occupancy shall be issued for any building, structure, or part thereof, or for the use of any land, which is not in accordance with all the provisions of this chapter.
(2) Certificates required. No building, structure, or part thereof, which is hereafter erected or altered shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building, structure, or part thereof.
(3) Certificates including zoning. Certificates of occupancy as required by the building code for new buildings, structures, or part thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this chapter.
(4) Certificates for existing buildings. Certificates of occupancy shall be issued for existing buildings, structures, or part thereof, or existing uses of land, if, after inspection, it is found that such buildings, structures, or part thereof, or such use of land, are in conformity with the provisions of this chapter. Certificates of occupancy may be issued for buildings in B-1, B-2, B-3 and CBD zones existing at the effective date of this chapter which change occupancy and which do not provide sufficient parking as required under § 82-455, provided there is no decrease in the number of spaces existing at the effective date of this chapter.
(5) Temporary certificates. Nothing in this chapter shall prevent the issuance of a temporary certificate of occupancy for a portion of a building or structure in the process of erection or alteration, provided that such temporary certificate shall not be effective for a period of time in excess of 6 months, and provided further that such portion of the building, structure or premises is in conformity with the provisions of this chapter.
(6) Records of certificates. A record of all certificates issued shall be kept on file in the office of the Building Official and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.
(7) Certificates for dwelling accessory buildings. Buildings accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwelling.
(8) Applications for certificates. Application for certificates of occupancy shall he made in writing to the Building Official on forms furnished by the Department, and such certificates shall be issued within 10 days after receipt of such application if it is found that the building, structure, or part thereof, or the use of land, is in accordance with the provisions of this chapter.
(B) If such certificate is refused for cause, the applicant shall be notified in writing of such refusal and cause thereof, within the 10 day period.
(1993 Code, § 82-31) (Ord. passed 10-12-1992)
The holder of every building permit for the construction, erection, alteration, repair or moving of any building, structure, or part thereof shall notify the Building Official immediately upon the completion of the work authorized by such permit, for a final inspection.
(1993 Code, § 82-32) (Ord. passed 10-12-1992)
(A) Fees for rezoning application, site plan review inspection and the issuance of permits or certificates or copies thereof, required or issued under the provisions of this chapter, may be collected by the Building Official in advance of issuance. The amount of such fees shall be established by resolution of the City Council and shall cover the cost of inspection and supervision resulting from enforcement of this chapter.
(B) Land areas of ten (10) acres or more in use districts RM-1, RM-2, MH, B-2, B-3, IRO, I-1, I-2, PDD:
(1) Escrow funds. Where Planning Commission approval of a site plan or PDD plan is required, and where it is reviewed by an outside consultant, those charges shall be borne by the applicant, in addition to the basic application fee. Planning Commission may, after its formal review, determine that outside consultation is required regardless of size limitations.
(2) A minimum of $500 in escrow funds shall be collected by the city and placed in escrow, to be administered by the City Treasurer. Escrow will be replenished if necessary and any excess funds remaining in the escrow account after the application has been processed and a final decision rendered regarding the project, will be refunded to the applicant with no interest on the funds. If the cost of the review exceeds the amount remaining in escrow, a statement shall be sent to the applicant for the additional costs. No permits shall be issued until the balance is paid. If unpaid for more than 14 days, the City Building Official may take legal action to halt work on the project and take legal action to collect the fees.
(1993 Code, § 82-33) (Ord. passed 10-12-1992; Ord. passed 3-11-2002(2))
(A) Except as otherwise provided under this chapter, if the city is required to provide notice and hearing under this chapter, the city shall publish notice of the request in a newspaper of general circulation in the city;
(B) Notice shall also be sent by mail or personal delivery to the owners of property for which approval is being considered and the applicant if different than the owners. Notice shall also be sent 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.
(C) The notice shall be given not less than 15 days before the date the application will be considered for approval. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection. The notice shall do the following.
(1) Describe the nature of the request.
(2) Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addressed 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, other means of identification may be used.
(3) State when and where the request will be considered.
(4) Indicate when and where written comments will be received concerning the request.
(Ord. passed 3-12-2007)
(A) Powers and duties. The Planning Commission is designated the Commission, as specified in Public Act 285 of 1931, § 3, being M.C.L.A. § 125.33, as amended, and in Public Act 110 of 2006, § 4, being M.C.L.A. § 125.3101, and shall perform the duties of such Commission as provided in these acts, as amended, together with such other powers and duties as are given to such Commission by the provisions of this chapter, including authority to act on all matters requiring approval or recommendation of such Commission.
(B) Authority to approve uses. Whenever in this chapter the lawful exercise or existence of a use requires the approval of the Planning Commission, such Commission is hereby authorized and directed to investigate the matter requiring such approval, to conduct a hearing thereon, to make a determination, to either grant or refuse the approval and to do all things reasonably necessary to the making of such investigation and determination, subject to the provisions of subsections (B) through (G) of this section, inclusive. With respect to the authority granted Planning Commission members in this chapter, a members in this chapter, a member of the Planning Commission may be removed for misfeasance, malfeasance, or nonfeasance in office by the City Council upon written charges after a public hearing.
(C) Hearing; notice.
(1) The Planning Commission shall hold a minimum of 2 regular meetings annually, giving notice of the time and place by publication in a newspaper of general circulation in the city. Notice shall be given not less than 15 days before the meeting. The Planning Commission is subject to the Open Meetings Act, 1976 PA 267, M.C.L.A. §§ 15.261 to 15.275.
(2) Upon receipt of an application for a special land use approval, a conditional use approval, a planned residential development approval, a site plan approval of a Class A nonconforming use approval or any other land use approval which requires a decision on discretionary grounds, 1 notice that a request has been received shall be given as provided in § 82-33(A). 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 areas shall receive notice. 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 ma 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.
(D) Surveys and plans. Where the Planning Commission is empowered to approve certain uses of premises under the provisions of this chapter or in cases where the Commission is required to make an investigation, the applicant shall furnish such surveys, plans or other information as may be reasonably required by the Commission for the proper evaluation and consideration of the matter.
(E) Hearings; matters to be considered. In making any recommendations or approvals on special land uses, conditional uses, planned residential districts, site plans or other matters authorized by law, the Planning Commission and the City Council, where its approval is also required, shall consider and apply the following standards.
(1) Whether or not the use involved is consistent with and promotes the intent and purpose of this chapter.
(2) Whether or not the use involved is compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use.
(3) Whether or not the use involved is consistent with the public health, safety and welfare of the city.
(F) Conditions for approval.
(1) Reasonable conditions may be required in conjunction with the approval of a special land use, conditional use, planned residential district or other land uses or activities permitted by discretionary decision. The conditions may include conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all of the following:
(a) Be designed to protect natural resources, and the health, safety and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;
(b) Be related to the valid exercise of the policy, power and purposes which are affected by the proposed use or activity;
(c) Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in this chapter for the land use or activity under consideration; and be necessary to insure compliance with those standards.
(2) The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. The approving authority shall maintain a record of changes granted in conditions.
(1993 Code, § 82-34) (Ord. passed 10-12-1992; Ord. passed 3-12-2007)
(A) The City Council may, from time to time, on its own motion, on recommendation of the Planning Commission or on petition, after public notice, hearing and report by the Planning Commission as provided by law, amend, supplement or change the boundaries or regulations in this chapter or subsequently established pursuant to the authority and procedure established in Public Act 110 of 2006, § 4.202, being M.C.L.A.§ 125.3306, as amended. At least 1 public hearing shall be held by the Planning Commission, and a report made thereon, before the City Council shall adopt any amendment to this chapter or the maps adopted under this chapter. If an individual property or 10 or fewer adjacent properties are proposed for rezoning, the Planning Commission shall give a notice of the proposed rezoning in the same manner as required under § 82-33A. If 11 or more adjacent properties are proposed for rezoning, the Planning Commission shall give a notice of the proposed rezoning in the same manner as required under § 82-33A, except for the requirement of § 82-33A(B) and except that no individual addresses of properties are required to be listed under § 82-33A. Not less than 15 days notice of the time and place of the public hearing shall first be given by mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected that registers its name and mailing address with the City Clerk for the purpose of receiving such notice. An affidavit of mailing shall be maintained. A hearing shall be granted a person interested at the time and place specified on the notice. A summary of the comments submitted at the public hearing shall be transmitted with the report if the Planning Commission and the proposed zoning ordinance, including any maps, to the City Council. The City Council may hold additional public hearings if it considers them necessary. After receipt of the Planning Commission's report, the City Council may adopt the proposed amendment, with or without amendments, by a majority vote of the members or refer the proposed amendment again to the Planning Commission for a further report. If an individual property or several adjacent properties are proposed for rezoning, notice of the proposed rezoning and hearing shall be given as provided in this section. City Council shall grant a hearing to a property owner who requests a hearing by certified mail addressed to the Clerk.
(1) A zoning ordinance shall take effect upon the expiration of 7 days after publication as required by this section or at such later date after publication as may be specified by the legislative body.
(2) Following adoption of a zoning ordinance and any subsequent amendments by the legislative body, the zoning ordinance or subsequent amendments shall be filed with the City Clerk and a notice of ordinance adoption shall be published in a newspaper of general circulation in the local unit of government within 15 days after adoption.
(3) A copy of the notice required under subsection (2) shall be mailed to the airport manager of an airport entitled to notice under § 82-34.
(4) The notice required under this section shall include all of the following information:
(a) In the case of a newly adopted zoning ordinance, the following statement:
"A zoning ordinance regulating the development and use of land has been adopted by the City of Charlotte."
(b) In the case of an amendment to an existing zoning ordinance, either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment.
(c) The effective date of the ordinance or amendment.
(d) The place where and time when a copy of the ordinance or amendment may be purchased or inspected.
(5) The filing and publication requirements under this section supersede any other statutory requirements relating to the filing and publication of city ordinances.
(B) Upon presentation of a protest petition meeting the requirements set forth in this subsection, an amendment to a zoning ordinance which is the object of the petition shall be passed only by a 2/3 vote of the City Council. The protest petition shall be presented to the City Council before final legislative action on the amendment and shall be signed by one of the following:
(1) The owners of at least 20% of the area of the land included in the proposed change;
(2) The owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change. Publicly owned land shall be excluded in calculating this 20% land area requirement.
(1993 Code, § 82-35) (Ord. passed 10-12-1992; Ord. passed 3-12-2007)
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