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(A) Zoning Ordinance adoption and amendments.
(1) The Planning Commission shall hold at least one public hearing prior to issuing a recommendation to the City Council for the adoption of a new zoning ordinance or zoning amendment. The City Council may hold additional hearings if considered necessary.
(2) The city shall notify the general public of the time and place of the public hearing at least 15 days prior to such hearing. The notice shall be published in an official paper or paper of general circulation within the city.
(3) The city shall notify each public utility company and railroad company owning or operating any public utility or railroad within the district or zone affected of the time and place of the public hearing and at least 15 days prior to such hearing. The notice shall be delivered via mail to the name and address as registered with the City Clerk. An affidavit of the mailing shall be maintained.
(4) Following adoption of a zoning ordinance or subsequent amendments, one notice of the adoption shall be published in newspaper of general circulation in the city within 15 days of adoption. The following information shall be provided in the notice:
(a) For a newly adopted zoning ordinance, the statement shall read; “A zoning ordinance regulating the development and use of land has been adopted by the City Council of the City of Inkster.”
(b) For an amendment to the existing ordinance, the statement shall either summarize the regulatory affect of the amendment including the geographic area affected or contain the amendment text.
(c) The effective date of the ordinance or amendment.
(d) The place and time where a copy of the ordinance may be purchased or inspected.
(B) Special land uses or discretionary decisions.
(1) The Planning Commission shall hold at least one public hearing prior to issuing a recommendation to the City Council for an application for a special land use or other discretionary decision relating to this chapter. The City Council may hold additional hearings if considered necessary.
(2) Prior to any public hearing, one notice shall be published in at least one newspaper of general circulation within the city. In addition, notice shall be mailed or personally delivered to the owners of the property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. If the name of the occupant is not known, the term “occupant” may be used. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four 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.
(3) The notice shall be given not less than 5 and no more than 15 days before the date of the public hearing. The notice shall:
(a) Describe the nature of the request;
(b) Describe the property which is the subject of the request;
(c) State when and where the public hearing will be considered;
(d) Describe when and where written comments will be received concerning the request;
(e) Indicate that a public hearing has been scheduled at the initiative of the appropriate board.
(C) Appeals to the Zoning Board of Appeals. The Zoning Board of Appeals shall provide public notification for all appeals as required in § 155.275(D).
(D) Regulated uses. An application for waiver from location restrictions shall be decided upon following the public hearing procedure as required for special land uses in division (B) of this section.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
(A) The City Council shall establish a schedule of fees and a collection procedure for site plan, rezoning and other reviews, building permits, certificates of occupancy, certificates of re- occupancy, inspections, appeals, and other matters pertaining to this chapter. The city shall have the authority to include fees for the use of engineering, planning, legal or other special consultants. No permit, certificate, special land use approval, or variance shall be issued until such fees have been paid in full.
(B) The Planning Commission may recommend adjustments in the fee schedule for the site plan review process to City Council for formal adoption.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
(A) The Planning Commission, or City Council when applicable, may require an applicant to deposit a performance guarantee as set forth herein to ensure compliance and completion of improvements with this chapter. Improvements include, but not limited to, streets, parking, lighting, utilities, sidewalks, drainage, fences, screens, walls, and landscaping.
(B) 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 city in consultation with the applicant. The city is authorized to review cost estimates and conduct periodic inspections of the progress of improvements.
(C) A 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.
(D) The Planning Commission, or City Council when applicable, shall set the period of time completion of improvements in relation to the required performance guarantee. The period will begin from the date of the issuance of the building permit.
(E) The Community Development Director, upon the written request of the applicant, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvement.
(F) The city shall return to the applicant the performance guarantee deposited and any interest earned thereon upon the satisfactory completion of the improvement, as determined by the city, for which the performance guarantee was required. However, the city is not required to deposit the performance guarantee in an interest-bearing account.
(G) 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 deposited performance guarantee and any interest earned to complete the improvements through contract or otherwise, including specifically, the right to enter upon the subject property to make the improvements.
(H) If the performance guarantee is not sufficient to allow the city to complete the improvements, the applicant shall be required to pay the city any additional costs incurred in completing the improvements. Should the city use the performance guarantee, or a portion thereof, to complete the required improvements, any amounts remaining after said completion shall first be applied 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.
(I) If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the city to ensure completion of an improvement, the applicant shall not be required to deposit with the city a performance guarantee for that specific 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.
(Ord. 792, passed 12-3-01)
The City Council may from time to time, on recommendation from the City Planning Commission or on petition, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein, pursuant to the authority and procedure established in Act 207 of the Public Acts of 1921 as amended.
(Ord. 792, passed 12-3-01)
The holder of every building permit for the construction, erection, alteration, repair or moving of any building, structure or part thereof shall notify the Building Department immediately upon the completion of the work authorized by such permit, for final inspection.
(Ord. 792, passed 12-3-01)
Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed, subsequent to the time of passage of this chapter and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
(Ord. 792, passed 12-3-01)
The owner of any building, structure or premises or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and, upon conviction thereof, shall be liable to the fines and imprisonment herein provided in this chapter.
(Ord. 792, passed 12-3-01)
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