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(a) Intent. Pursuant to the authority conferred by the Condominium Act, site condominiums and condominium projects shall be regulated by the provisions of this Ordinance and approved by the Planning Commission.
(b) General Requirements.
(1) Each condominium lot shall be located within a zoning district that permits the proposed use.
(2) Each condominium lot shall front on and have direct access to a public street or a private street approved by City Council. Approval for a private street may be conferred by City Council prior to site plan approval by the Planning Commission. An approved private street shall comply with the same standards for public subdivision streets as set forth in Chapter 1226 of the General Ordinances.
(3) For the purposes of this section, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which it is located.
(c) Site Plan Approval Required. Approval of the site plan by the Planning Commission shall be required to construct, expand or convert a condominium project.
(1) Site Plan Approval.
A. A site plan pursuant to the standards and procedures set forth in Section 3.04 shall be submitted to the Planning Commission for review.
B. In the interest of insuring compliance with this Ordinance and protecting the health, safety and welfare of the residents of the City, the Planning Commission, as a condition of approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in Section 3.09 for the completion of improvements associated with the proposed use.
(2) Condominium Document/Engineering Plan Approval.
A. Following site plan approval, the applicant shall submit the condominium documents to the City Attorney and other appropriate staff and consultants for review. The condominium documents shall be reviewed with respect to all matters subject to regulation by the City, including, without limitation: ongoing preservation and maintenance of drainage, retention, wetland and other natural and/or common areas; maintenance of private roads if any; and maintenance of stormwater, sanitary and water facilities and utilities. All review comments shall be submitted to the City Attorney, who shall compile the findings.
B. Following receipt of site plan approval, the applicant shall also submit to the Zoning Administrator engineering plans in sufficient detail for the City, along with appropriate consultants, to determine compliance with applicable laws, ordinances and standards for construction of the project. All review comments shall be submitted to the Zoning Administrator, who shall compile the findings.
C. Condominium documents and/or engineering plans shall conform to the site plan approval by the Planning Commission. No permit shall be issued until the Condominium documents and Engineering Plans have been approved by the City.
(d) Information Required Prior to Occupancy. Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the City:
(1) A copy of the recorded condominium documents (including any exhibits);
(2) A copy of any recorded restrictive covenants;
(3) A copy of the site plan on a mylar sheet; and
(4) Evidence of the completion of improvements associated with the proposed use, including two (2) copies of an "as-built survey."
(e) Revision of the Site Condominium or Condominium Plan. If the site condominium or condominium subdivision plan is revised, the site plan shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where such permit is required.
(f) Amendment of Condominium Documents. Any amendment to a master deed or bylaws that affects the approved site plan, or any conditions of approval of a site plan, shall be reviewed and approved by the City Attorney and Planning Commission before any building permit may be issued, where such permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the original site plan.
From time to time, at the cost of the applicant, the City may employ planning, engineering, legal, traffic or other special consultants to assist in the review of special use permits, site plans, rezonings or other matters related to the planning and development of the City.
The Zoning Administrator shall have the authority to grant a certificate of zoning compliance and to make inspections of buildings, structures or lots, prior to the issuance of a building permit and/or certificate of occupancy.
(a) Applications. An application for a certificate of zoning compliance shall be made to the Zoning Administrator. Each application shall include a site plan as required in Section 3.4 and all information necessary to determine zoning compliance.
(b) Building Permits. All plans to be submitted to the Building Official for a building permit shall first be submitted for review and approval by the Zoning Administrator with respect to the requirements of the Zoning Ordinance. No building permit shall be issued unless a certificate of zoning compliance has been issued by the Zoning Administrator for the same.
(c) Certificate of Occupancy. In all cases in which a certificate of occupancy is required, but a building permit is not required, a certificate of occupancy shall not be issued unless a certificate of zoning compliance has been issued by the Zoning Administrator and is in effect.
(d) Non-Conforming Uses, Structures of Lots. A certificate of zoning compliance shall not be issued for any use, building, structure or lot, unless said use, building, structure or the lot upon which it is situated meets all the requirements of this Ordinance. A certificate of zoning compliance may be issued for an existing legal non-conforming use, building, structure or lot; however, in such cases, the certificate of zoning compliance shall clearly list all such non-conformities. A certificate of zoning compliance shall not be issued for any use, building, structure or lot if any illegal non-conformity exists thereon.
(e) Issuance of Certificate. The Zoning Administrator shall examine or cause to be examined all applications for a certificate of zoning compliance and amendments thereto within a reasonable time after filing. If the application or the plans do not conform to all requirements of this Ordinance, the Zoning Administrator shall reject such application in writing, stating the reasons therefore. If the application or plans do so conform, the Zoning Administrator shall issue a certificate of zoning compliance as soon as practical. The Zoning Administrator shall also stamp or endorse all sets of corrected and approved plans submitted with such application as "Approved."
(f) Duration. An application for a certificate of zoning compliance shall be deemed to have been abandoned six (6) months after the date of filing unless such application has been diligently pursued, a building permit has been issued, or a certificate of occupancy has been issued for a use not requiring a building permit. The Zoning Administrator may, for reasonable cause grant not more than two (2) extensions of time, for periods not exceeding ninety (90) days each. Any permit issued shall become invalid if the authorized work is suspended or abandoned for a period of six (6) months after time of commencing the work.
(g) Conditions of Certification. Issuance of a certificate of zoning compliance shall be subject to the following conditions:
(1) No permit shall be issued until the required fees have been paid.
(2) All work or use shall conform to the approved application and plans for which the permit has been issued and any approved amendments thereof.
(3) All work or use shall conform to the approved final site plan, if required.
(h) Inspection. Prior to the issuance of a certificate, an inspection shall be completed by the Zoning Administrator if deemed necessary to examine or cause to be examined all buildings, structures and lots for which the certificate of zoning compliance is to be granted.
(a) Application. Prior to locating a temporary building or use within the City of Howell, an applicant shall submit an application for a temporary building and/or use permit from the Zoning Administrator. The application shall be reviewed in accordance with the administrative site plan provisions of Section 3.04(h) and shall at a minimum include the following:
(1) Description of the proposed use and a description of the on-site operations.
(2) Duration of the proposed use.
(3) Necessary information to demonstrate compliance with the setback, lot coverage, off-street parking, loading, access/circulation, lighting, and signage requirements of the applicable zoning district.
(b) Permit. Upon demonstrating compliance with the above provisions, the Zoning Administrator may grant the permit, stipulating all conditions as to time, the nature of the development permitted and arrangements for removal upon termination of the temporary permit.
(c) Extension. With the exception of Sidewalk Café Service (see Section 6.20) only one (1) extension may be granted by the Zoning Administrator. Should a subsequent extension be required it will require site plan approval by the Planning Commission.
(d) In the administration of these provisions, the Zoning Administrator shall be permitted to refer a request to the Planning Commission for review and approval where site conditions may create difficulty in adherence to the standards contained herein. Planning Commission review shall include, but is not limited to, the following situations:
(1) The temporary building or use is a significant departure from the permitted uses in the zoning district where it is proposed.
(2) The location of the temporary building or use may have significant impacts to parking, vehicular circulation, pedestrian circulation, or non-motorized access.
(3) There is a question about the relationship between the proposed structure/use and the principal use on the property.
(4) The proposed duration of the use presents potentially significant impacts to the surrounding area.
In the interest of insuring compliance with the Zoning Ordinance provisions, protecting the natural resources and the health, safety, and welfare of the residents of the City and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the Planning Commission shall require the applicant to deposit a performance guarantee for all projects with greater than $50,000 in site improvements. The purpose of the performance guarantee is to insure completion of improvements connected with the proposed use as required by this Ordinance, including but not limited to, roadways, lighting, utilities, sidewalks, drainage, fences, walls, screens, and landscaping.
(a) "Performance guarantee" as used herein shall mean a cash deposit, certified check, irrevocable bank letter of credit or corporate surety bond in the amount of the estimated cost of the improvements to be made as determined by the applicant and verified by the City. The City shall be authorized to employ the City Engineering Department and/or City consultants to review cost estimates and conduct periodic inspection of the progress of improvements.
(b) Where the Planning Commission requires a performance guarantee, said performance guarantee shall be deposited with the City prior to the issuance of a building permit for the development and use of the land. Upon the deposit of the performance guarantee the City shall issue the appropriate building permit, and the City shall thereafter deposit the performance guarantee, if in the form of a cash deposit or certified check, in an interest bearing account to the applicant.
(c) The approval shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. The period will begin from the date of the issuance of the building permit.
(d) In the event the performance guarantee deposited is a cash deposit or a certified check, the City shall rebate to the applicant fifty (50) percent of the deposited funds when seventy-five (75) percent of the required improvements are completed as confirmed by the City, and the remaining fifty (50) percent of the deposited funds when one hundred (100) percent of the required improvements are completed as confirmed by the City. If a request is made by the applicant for a temporary certificate of occupancy without completion of required exterior improvements, the performance guarantee herein required may be applied by said applicant to assure compliance with Zoning Ordinance standards and the specifications of the approved site plan.
(e) Upon the satisfactory completion, as determined by the City, of the improvement for which the performance guarantee was required, the City shall return to the applicant the performance guarantee deposited and any interest earned thereon. However, the City is not required to deposit the performance guarantee in an interest-bearing account.
(f) In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the City, the City shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvements through contract or otherwise, including specifically, the right to enter upon the subject property to make the improvements.
If the performance guarantee is not sufficient to allow the City to complete the improvements for which such guarantee was posted, the applicant shall be required to pay the City the amount by which the cost of completing the improvements exceeds the amount of the performance guarantee deposit. Should the City use the performance guarantee, or a portion thereof, to complete the required improvements, any amounts remaining after said completion shall be applied first to the City's administrative costs including, without limitation, attorney fees, planning consultant fees, and engineering consultant fees in completing the improvement with any balance remaining being refunded to the applicant.
If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the City to insure completion of an improvement associated with the site, the applicant shall not be required to deposit with the City a performance guarantee for that same improvement. At the time the performance guarantee is deposited with the City and prior to the issuance of a building permit, the applicant shall enter an agreement incorporating the provisions hereof with the City regarding the performance guarantee.
The City Council shall establish a schedule of fees, charges, and expenses, and a collection procedure, for all zoning and building permits, certificates of occupancy, appeals, and other matters pertaining to the Zoning Ordinance. The City shall have the authority to include fees for the use of engineering, planning, legal or other special consultants. The schedule of fees shall be posted in the City Offices, and may be altered or amended only by the City Council. No permit, certificate, special use approval, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Appeals, unless or until preliminary charges and fees have been paid in full.
Unless otherwise expressly provided, whoever violates any of the provisions of this Zoning Ordinance is responsible for a Municipal civil infraction and shall be subject to the civil fines set forth in the General Ordinances of Howell, Part Two - Administrative Code, Title Two - General Provisions, Chapter 208 - Municipal Civil Infractions.
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