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(A) Powers and duties. The Building Department shall have the following powers and duties as prescribed in this chapter:
(1) Applications for permits, certificates of occupancy, and certificates of re- occupancy. The Building Department shall review applications for permits, certificates of occupancy, and certificates of re-occupancy, including temporary certificates, and act to approve, approve with conditions or deny such applications. Applications deemed incomplete will not be processed and returned with written explanation to the applicant.
(2) Temporary use permits. Review applications for temporary use permits and act to approve, approve with conditions or deny such applications. Applications deemed incomplete will not be processed and returned with written explanation to the applicant.
(3) Final site plan approval. The Building Department shall review final site, architectural and engineering plans and shall not issue permits or certificates of occupancy or certificates of re-occupancy until such plans meet approvals and conditions imposed by the Planning Commission, City Council and Zoning Board of Appeals and other reviewing agencies.
(4) Enforcement. The Building Official or other official responsible for code enforcement shall have the authority to inspect and enforce provisions of this chapter as empowered in this chapter, other applicable city codes and state statutes.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
(A) Establishment. The Zoning Board of Appeals is hereby established as permitted in Section 5 of Act 207 of the Public Acts of 1921, as amended, and shall perform the duties as provided in the statute and in such manner as to observe the spirit, intent and objectives of this chapter. In performing such duties, the Board shall secure public safety and provide justice.
(B) Membership.
(1) The City Council shall appoint at least five members. One member may be appointed from the City Planning Commission for a term coinciding with the Planning Commission appointment. Appointment shall be made for one, two and three years, respectively, so as nearly as possible to provide for an equal number of appointments each year. After the initial appointments, each officer shall hold office for a full three year term.
(2) The City Council may appoint not more than two alternate members for the same term as the regular members. The alternate members may 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 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 Zoning Board of Appeals.
(C) Appeals taken by Board.
(1) An appeal may be taken by a person, corporation, partnership, unincorporated association or similar entity aggrieved by any order, requirements, decision or determination made by an administrative official or body charged with the enforcement of the provisions of this chapter, or by an officer, department, board or bureau of the city. An appeal shall be taken, within such time as prescribed by the Zoning Board of Appeals by general rule, by filing with the Building Official or other official responsible for code enforcement and the Zoning Board of Appeals a notice of appeal specifying the grounds for the appeal. The Building Official or other official responsible for code enforcement from whom the appeal is taken shall immediately transmit to the board all papers constituting the record upon which the action was taken.
(2) An appeal, under this section, stays all proceedings in furtherance of the action appealed from unless the Building Official or other official responsible for code enforcement from whom the appeal was taken certifies to the Board, after the notice is filed, that by reason of facts stated in the certificate, a stay, in the opinion of the Building Official or other official responsible for code enforcement, would cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by Circuit Court.
(D) Notice. The Board shall fix a reasonable time and place for hearing of an appeal and give due notice to the appeal to the persons to whom real property within 300 feet of the subject premises as assessed, and to the occupants of single- and two-family dwellings within 300 feet. The notice shall be delivered personally or by mail addressed to the respective owners and tenants at the address given in the latest assessment role. If the tenant’s name is not known, the term “occupant” may be used. Upon the setting of a hearing, a party may appear in person or by agent or attorney. The notice shall follow public notification on requirements as specified in § 155.291, Public hearing notification.
(E) Powers and duties.
(1) The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirements, decision or determination made by an administrative official or body charged with the enforcement of the provisions of this chapter. The Board shall also hear and decide matters referred to the Board or upon which the Board is required to pass under a code of the City Council adopted under this chapter.
(2) The Board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from and shall make an order, requirement, decision, or determination in the matter, and to that end shall have all the powers of the officer or body from whom the appeal is taken. If there are practical difficulties or unnecessary hardship in carrying out the strict letter of this chapter, the Board may vary or modify any rules or provisions relating to the construction, structural changes in, equipment, or alteration of buildings or structures or the use of land, buildings or structures so that the spirit and intent of this chapter shall be observed, public safety secured and substantial justice done.
(3) The Board shall hear and decide upon requested interpretations of the zoning map fixing use districts and street location. The decision of the Board shall be final.
(F) Decision. The concurring vote of a majority of the members of the Board shall be necessary to reverse an order, requirement, decision or determination of an administrative official or body, or to decide in favor of the applicant a matter which the Board is required to pass an ordinance, or to effect a variation in a provision of this chapter. However, a concurring vote of 2/3 of the members of the Board shall be necessary to grant a variance from uses of land as permitted in this chapter.
(G) Appeals of Board decisions. A person, corporation, partnership, unincorporated association or similar entity affected by a decision of the Board may appeal to the circuit court.
(H) Fees. The City Council shall establish application and review fees by resolution, which may be amended from time to time.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.276 through § 155.279 RESERVED.
ADMINISTRATION, ENFORCEMENT AND PENALTIES
Except where herein otherwise stated, the provisions of this chapter shall be administered and enforced by the Building Official or other official responsible for code enforcement, Community Development Director or other official(s) as may be designated by City Council.
(Ord. 792, passed 12-3-01)
The Building Official or other official responsible for code enforcement shall:
(A) Have the authority to grant occupancy permits;
(B) Not approve any site or engineering plans or issue any permits, certificates of occupancy or certificates of re-occupancy for any excavation or construction until he or she has inspected such plans in detail and found them to conform to this chapter, conditions of site plan approval and other applicable codes and ordinances.
(C) Inspect buildings or premises as necessary to carry out duties in the enforcement of this chapter. The Building Official or other official responsible for code enforcement shall not change or vary the terms of this chapter in carrying out his or her duties as Building Official or other official responsible for code enforcement.
(D) Issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of private contracts, such as covenants, deed restrictions or other private agreements, which may occur upon the granting of said permit.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
The Building Official or other official responsible for code enforcement shall require that all applications for single-family residential building permits shall be accompanied by plans and specifications including a plot plan, in duplicate, drawn to scale, showing the following:
(A) The actual shape, location and dimensions of the lot.
(B) The shape, size and location of all buildings or other structures to be erected, altered or moved, and of any building or other structures already on the lot.
(C) The existing and intended use of the lot and or all such structures upon it, including, in residential areas, the number or dwelling units the building is intended to accommodate.
(D) Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.
(E) Plot plans may be required of other construction permit applications.
(Ord. 792, passed 12-3-01)
The following requirements shall apply in the issuance of any permit:
(A) Compliance required. 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 provisions of this chapter.
(B) Permits for new use of land; certificate of occupancy required. 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 or a certificate of re-occupancy is first obtained for the new or different use.
(C) Permits for new use of buildings. No building or 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.
(D) Permits required. No building or 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 egress and ingress, or other changes affecting regulated by the building code, Housing Law of Michigan, or this chapter, except for minor repairs of changes not involving any of the aforesaid features.
(E) Zoning compliance permits. If any type of modification, repair or construction does not require building permit, applicants shall contain a zoning compliance permit to ensure compliance with the Zoning Ordinance.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
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