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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.
All applications for development approval requiring a public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006, as amended and the other provisions of this Section with regard to public notification.
(a) Responsibility: When the provisions of this Ordinance or the Michigan Zoning Enabling Act require that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice, having published in a newspaper of general circulation in the City of Howell and mailed or delivered as provided in this Section.
(b) Content: All mail, personal and newspaper notices for public hearings shall:
(1) Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation, or other purpose.
(2) Indicate the property that is in the subject request. The notice shall include a listing of all existing street addresses within the subject 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 such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses may be listed when eleven (11) or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving specific property.
(3) Indicate the date, time and place of the public hearing(s).
(4) Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel.
(c) Personal and Mailed Notice
(1) General: When the provisions of this Ordinance or state law require that personal or mailed notice be provided, notice shall be provided to:
A. The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.
B. Except for rezoning requests involving eleven (11) or more adjacent properties or an ordinance interpretation request that does not involve a specific property, to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located with the boundaries of the City of Howell. 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 one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one (1) occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four (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.
C. All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to Section 3.14, Registration to Receive Notice by Mail.
D. Other governmental units or infrastructure agencies (i.e. utilities, CSX, State of Michigan, Comcast, etc.) within one mile of the property involved in the application.
(2) Notice by mail/affidavit: Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The Zoning Administrator shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.
(d) Timing of Notice: Unless otherwise provided in the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, or this Ordinance where applicable, notice of a public hearing shall be provided as follows:
(1) For a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, appeal, or ordinance interpretation: not less than fifteen (15) days before the date the application will be considered for approval.
(a) General: Any neighborhood organization, public utility company, railroad or any other person may register with the Zoning Administrator to receive written notice of all applications for development approval pursuant to Section 3.13(c)(1)(C), Personal and Mailed Notice, or written notice of all applications for development approval within the zoning district in which they are located. The Zoning Administrator shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by the legislative body.
(b) Requirements: The requesting party must provide the Zoning Administrator information on an official form to ensure notification can be made. All registered persons must re-register biannually to continue to receive notification pursuant to this Section.
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