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The city council shall have the following responsibilities and authority pursuant to this ordinance.
A. Adoption of Zoning Ordinance and Amendments. In accordance with the intent and purposes expressed in the preamble to this ordinance, and pursuant to the authority conferred by Michigan Public Act 207 of 1921, as amended, the city council shall have the authority to adopt this ordinance, as well as amendments previously considered by the planning commission or at a hearing or as decreed by a court of competent jurisdiction.
B. Review and approval of plans. The city council review and approval shall be required for all PUD Planned Unit Developments Mixed Use, in accordance with Section 32.04.
C. Setting of fees. The city council shall have the authority to set all fees for permits, applications, and requests for action pursuant to the regulations set forth in this ordinance. In the absence of specific action taken by the City Council to set a fee for a specific permit or application, the appropriate administrative official shall assess the fee based on the estimated costs of processing and reviewing the permit or application.
D. Approval of Planning Commission members. In accordance with Michigan Public Act 285 of 1931, as amended, members of the planning commission shall be appointed by the Mayor with the approval of the city council.
(Ord. No. 93-553, § 33.02, 2-2-1993)
The planning commission shall have the following responsibilities and authority pursuant to this ordinance.
A. Creation. The planning commission is created pursuant to Michigan Public Act 285 of 1931, as amended, the Municipal Plan Act and 2-376 et seq.
B. Membership and operation. Members of the planning commission shall be appointed by the mayor with the approval of the city council. The qualifications of members, the term of each member, filling of vacancies, and operation of the planning commission shall be in accordance with Act 285 of 1931, as amended.
In accordance with Section 4 of Act 285, the planning commission by resolution shall determine the time and place of meetings. The planning commission shall adopt by-laws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations in the city plan department.
C. Jurisdiction. The planning commission shall discharge the following duties pursuant to this ordinance:
1. Formulation of Zoning Ordinance and amendments. The planning commission shall be responsible for formulation of the Zoning Ordinance, review of amendments to the Zoning Ordinance, holding hearings on a proposed Zoning Ordinance or amendments, and reporting its findings and recommendations concerning the Zoning Ordinance or amendments to the city council.
2. Site plan review. The planning commission shall be responsible for review of applications for site plan approval in the case of land uses for Multiple Family Residential, Cluster Housing for residential use, and Office Buildings in the O-S, Business Office Zoning District accordance with Article 32.00. As provided for in Article 32.00, the planning commission shall be responsible for either making a determination to grant approval, approval subject to revisions, or denial of site plan approval.
3. Special Land Use review. The planning commission shall be responsible for holding hearings and review of all applications for special land use approval in accordance with Article 32.00, to grant approval, approval subject to revisions, or denial of approval.
4. Planned Unit Development review. The planning commission shall be responsible for holding hearings and review of all applications for planned development in accordance with Article 32.00. The planning commission shall be responsible for making a recommendation to the city council to grant approval, approval with conditions, or denial of a planned unit development proposal.
5. Formulation of a Master Plan. The planning commission shall be responsible for formulation and adoption of a Master Plan for the physical development of the City, in accordance with Michigan Public Act 285 of 1931, as amended.
6. Review of matters referred by the city council. The planning commission shall be responsible for review of plats or other matters relating to land development referred to it by the city council. The planning commission shall recommend appropriate regulations and action on such matters.
7. Report on operation of the Zoning Ordinance. The planning commission shall periodically prepare for the city council a report on the operations of the Zoning Ordinance including recommendations as to the enactment of amendments or supplements to the ordinance.
(Ord. No. 93-553, § 33.03, 2-2-1993; Ord. No. 14-1424, 5-20-2014; Ord. No. 23-1800, 9-26-2023)
The Zoning Board of Appeals (hereinafter referred to as "ZBA") shall have the following responsibilities and authority pursuant to this ordinance.
A. Creation. The ZBA is created pursuant to Michigan Public Act 207 of 1921, as amended, the City-Village Zoning Act.
B. Membership and operation. The ZBA shall consist of five (5) members who shall be appointed in accordance with Section 5 of Michigan Public Act 207 of 1921, as amended, and as follows:
1. ZBA members shall be citizens of the United States and residents of the City or property owner for at least one (1) year prior to their appointment.
2. Members may be removed for cause by the mayor, subject to the approval by the city council, or as otherwise provided by state law, after consideration of written charges and a public hearing.
3. Vacancies on the ZBA shall be filled by appointment of the mayor, subject to approval by the city council. Such appointments shall be for the remainder of the unexpired term.
4. The mayor, with the approval of the city council, shall also appoint two (2) alternate members for the same term as regular members of the ZBA. Alternate members may be called on a rotating basis to sit as regular members in the absence of a regular member. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of a conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the board of appeals.
C. Secretary of the ZBA. One (1) member of the board shall be the secretary of the board.
D. Meetings. Meetings of the ZBA shall be held in accordance with an adopted schedule, or at the call of the chairman, or at such other times as the ZBA may specify in its rules and procedures. The ZBA shall state the grounds of each determination, and shall maintain a record of its proceedings, which shall be filed in the office of the building and safety department.
E. Concurring vote required. The concurring vote of a majority of the members of the ZBA shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body; to decide in favor of an applicant on any matter upon which the ZBA is required to act; or, to effect any variation to this Zoning Ordinance. A two-thirds ( 2/3 ) vote of the entire ZBA [four (4) concurring votes] shall be required to grant a Use Variance.
F. Jurisdiction. The ZBA shall act on all questions as they may arise in the administration of the Zoning Ordinance, including the interpretation of the Zoning District Map. The ZBA shall also hear and decide appeals from and review any order, requirements, decision, or determination made by an administrative official or body charged with enforcement of this ordinance. The ZBA shall also hear and decide matters referred to them or upon which they are required to pass under this Ordinance. In doing so, the ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer or body from whom the appeal is taken and may issue or direct the issuance of a permit. The ZBA shall not have the power to alter or change the zoning district classification of any property.
In acting on appeals or requests for variances, the ZBA shall comply with the provisions of Article 32.00. In the interest of complying with these requirements and furthering the objectives of this Section, the ZBA may take the following actions:
1. Interpret the Zoning Districts Map where the street layout shown on the map varies from actual conditions.
2. Interpret the exact location of a boundary line between zoning districts shown on the map.
3. Grant variances from off-street parking or loading space requirements, upon finding that such variances will not result in a parking or loading space deficiency or otherwise be inconsistent with the intent of such requirements.
4. Grant variances from yard and bulk regulations, including height, lot area, yard setback, floor area, and lot width regulations, where there are unique circumstances on the lot such that the lot cannot reasonably be put to a conforming use. In deciding upon such variances, the ZBA shall first determine that sufficient area exists for an adequate stormwater drainage, water supply, and septic system, if necessary.
5. Grant variances from the site plan review requirements where the ZBA finds that the requirements would cause practical difficulties or unnecessary hardship due to the unique conditions on the site.
6. Grant variances made necessary by the advances of technology being put to use in new developments, but not anticipated by the provisions of this ordinance.
G. Decision final. The decision of the ZBA shall be final, but shall be subject to review by the circuit court. The circuit court may order the ZBA to rehear a case in the event that the court finds that the record of the ZBA is inadequate to make the proper review, or that there is additional evidence which is material and with good reason was not presented to the ZBA.
(Ord. No. 93-553, § 33.04, 2-2-1993)