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Charlotte, MI Code of Ordinances
CITY OF CHARLOTTE, MICHIGAN CODE OF ORDINANCES
CHARTER
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTERS 3-5: RESERVED
CHAPTER 6: ALCOHOLIC LIQUORS
CHAPTERS 7-9: RESERVED
CHAPTER 10: ANIMALS
CHAPTERS 11 - 13: RESERVED
CHAPTER 14: BUILDINGS AND BUILDING REGULATIONS
CHAPTER 15: BUSINESSES
CHAPTERS 16 - 17: RESERVED
CHAPTER 18: CABLE COMMUNICATIONS
CHAPTERS 19 - 21: RESERVED
CHAPTER 22: COMMUNITY DEVELOPMENT
CHAPTERS 23 - 25: RESERVED
CHAPTER 26: RESERVED
CHAPTERS 27 - 29: RESERVED
CHAPTER 30: FIRE PREVENTION AND PROTECTION
CHAPTER 31: RESERVED
CHAPTER 32: MUNICIPAL CIVIL INFRACTIONS
CHAPTER 33: RESERVED
CHAPTER 34: OFFENSES
CHAPTERS 35 - 37: RESERVED
CHAPTER 38: PARKS AND RECREATION
CHAPTERS 39 - 41: RESERVED
CHAPTER 42: PLANNING
CHAPTERS 43 - 45: RESERVED
CHAPTER 46: SOLICITORS AND CANVASSERS
CHAPTERS 47 - 49: RESERVED
CHAPTER 50: SOLID WASTE
CHAPTER 51: RESERVED
CHAPTER 52: PROPERTY MAINTENANCE AND NUISANCE ABATEMENT
CHAPTER 53: RESERVED
CHAPTER 54: SPECIAL ASSESSMENTS
CHAPTERS 55 - 57: RESERVED
CHAPTER 58: STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES
CHAPTERS 59 - 61: RESERVED
CHAPTER 62: SUBDIVISION REGULATIONS
CHAPTER 63: RESERVED
CHAPTER 64: TAX EXEMPTION
CHAPTER 65: RESERVED
CHAPTER 66: TRAFFIC AND VEHICLES
CHAPTER 67: RESERVED
CHAPTER 68: UTILITIES
CHAPTER 69: RESERVED
CHAPTER 70: VEGETATION
CHAPTER 71: RESERVED
CHAPTER 72: MUNICIPAL AIRPORT
CHAPTER 73: RESERVED
CHAPTER 74: VEHICLES FOR HIRE
CHAPTERS 75 - 81: RESERVED
CHAPTER 82: ZONING
PARALLEL REFERENCES
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§ 82-58 APPEAL.
   (A)   An appeal may be taken to the Board of Appeals by any person, firm or corporation, or by an officer, department, board or bureau affected by a decision of the Building Inspector. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Building Official and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Building Official shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
   (B)   An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Official certifies to the Board of Appeals after notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Appeals or by a court of record on application, on notice to the Building Official and on due cause shown.
   (C)   The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof as provided in § 82-61 and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by a duly authorized agent or attorney.
   (D)   The City Council shall, from time to time, determine by resolution the fee which shall be paid to the Secretary of the Board of Appeals at the time that notice of appeals is filed, which the Secretary shall forthwith pay over to the City Treasurer to the credit of the General Fund of the city.
(1993 Code, § 82-58) (Ord. passed 10-12-1992; Ord. passed 3-12-2007)
§ 82-59 JURISDICTION.
   (A)   The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this chapter, but does have power to act on those matters where this chapter provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and laws of the state. These powers include the following.
      (1)   Administrative review. To hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, permit, decision or refusal made by the Building Official or any other administrative official in carrying out or enforcing any provisions of this chapter.
      (2)   Variance. To authorize, upon an appeal, a nonuse variance from the strict application of the provisions of this chapter where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional undue hardship upon the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting a variance the Board may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this chapter. In granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance.
      (3)   Exceptions and special approvals. To hear and decide, in accordance with the provisions of this chapter, requests for exceptions, for interpretations of the zoning map, and for decisions on special approval situations on which this chapter specifically authorizes the Board to pass. Any exception or special approval shall be subject to such conditions as the Board may require to preserve and promote the character of the zoning district in question and otherwise promote the purpose of this chapter, including the following:
         (a)   Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the use districts, accompanying and made part of this chapter, where street layout actually on the ground varies from the street layout as shown on the zoning map;
         (b)   Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the Planning Commission;
         (c)   Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements;
         (d)   Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification;
         (e)   Permit temporary uses for periods not to exceed 2 years in undeveloped sections of the city and for periods not to exceed 6 months in developed sections;
         (f)   Permit temporary carport and storage structures. The Board shall consider the placement of such structures with regard to size, anchoring, type of construction, and appropriate setbacks of the zoning districts. The Zoning Board shall determine the length of time the temporary building may be allowed and may attach reasonable conditions of approval.
         (g)   Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed 12 months with the granting of 12-month extensions being permissible: uses which do not require the erection of any capital improvement of a structural nature.
   (B)   The Board of Appeals, in granting permits for temporary uses pursuant to subsections (A)(3)(e) and (A)(3)(f) of this section, shall do so under the following conditions:
      (1)   The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted;
      (2)   The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of the temporary permit;
      (3)   All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the city shall be made at the discretion of the Board of Appeals;
      (4)   In classifying uses as not requiring capital improvement, the Board of Appeals shall determine that they are either demountable structures related to the permitted use of the land; recreation developments, such as, but not limited to, golf driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems or sanitary connections;
      (5)   The use shall be in harmony with the general character of the district;
      (6)   No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this chapter. Further, the Board of Appeals shall seek the review and recommendation of the Planning Commission prior to the taking of any action.
   (C)   In consideration of all appeals and all proposed variations to this chapter, the Board shall, before making any variations from the chapter in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the city. The concurring vote of 4 members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Official, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision. Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change this chapter or the zoning map, such power and authority being reserved to the Mayor and the City Council in the manner provided by law.
(1993 Code, § 82-59) (Ord. passed 10-12-1992; Ord. passed 1-13-2003(2); Ord. passed 3-12-2007)
§ 82-60 ORDERS.
   In exercising the powers provided in § 82-59, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Building Official from whom the appeal is taken.
(1993 Code, § 82-60) (Ord. passed 10-12-1992)
§ 82-61 NOTICE.
   (A)   Upon written request concerning a request for a variance, the Zoning Board of Appeals shall fix a reasonable time for the hearing and give notice as provided in § 82-34(C)(1).
   (B)   Upon receipt of a written request seeking an interpretation of the zoning ordinance or an appeal of an administrative decision, a notice stating the time, date, and place of the public hearing shall be published in a newspaper of general circulation within the city and shall be sent to the person requesting the interpretation not less than 15 days before the public hearing. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation request and the time, date, and place of the public property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of the property in question. If a tenant's name is not known, the term "occupant" may be used.
(1993 Code, § 82-61) (Ord. passed 10-12-1992; Ord. passed 3-12-2007)
§ 82-62 EXPIRATION OF ORDERS.
   (A)   No order of the Board permitting the erection of a building shall be valid for a period longer than 1 year, unless a building permit for such erection or alteration is obtained within the 1 year period and such erection or alteration is started and proceeds to completion in accordance with the terms of the permit.
   (B)   No order of the Board permitting a use of a building or premises shall be valid for a period longer than 1 year unless such use is established within the 1 year period; provided, however, that where the permitted use is dependent upon the erection or alteration of a building such order shall continue in force and effect if a building permit for the erection or alteration is obtained within the 1 year period and the erection or alteration is started and proceeds to completion in accordance with the terms of the permit.
(1993 Code, § 82-62) (Ord. passed 10-12-1992)
§§ 82-63 -- 82-80 RESERVED.
ARTICLE IV. ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONE MAP
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