(a) Applicability. The general procedures for processing of all requests for City action or review under the provisions of this chapter are described in this section. There are additional and more specific procedures and standards set forth in other parts of this chapter as follows:
Procedure Article or Section Number
Site Plan Review Section 1296.02
Special Land Use Section 1262.06
Planned Development Chapter 1288
Conditional Rezoning Chapter 1289
Variances and Appeals Chapter 1264
Amendments Section 1262.09
Temporary Uses Section 1294.19
(b) Application Filling.
(1) Forms. Any person requesting any action or review under the provisions of this chapter shall file an application on the forms provided by the City. The information required on each form shall be typed or legibly written on the form or on separate sheets attached to the form.
(c) General Approval Process. The general approval process for site plan review, special land use, planned development, and rezoning applications shall be as follows:
(1) Optional Pre-Filling Conference. Applicants may request to meet with City staff, including any consultants designated by the City Council, to preliminarily review applications prior to filing. Such pre-filing conferences are intended to assist the applicant and facilitate the future review and approval of the application. However, no suggestions, recommendations, or other comments made by City officials, staff, or consultants at such conferences shall constitute approval of any application.
(2) Processing and Review. All applications accepted by the City shall be submitted to all appropriate City staff and consultants for their review and recommendation, and shall be in writing. The application shall be submitted along with all recommendations, to the Planning Commission no later thirty (30) days before the scheduled meeting date.
The staff and consultants may advise and assist the applicant in meeting Ordinance requirements but shall have no power to approve or disapprove any application, except as expressly provided elsewhere in this chapter, or in any way restrict an applicant's right to seek formal approval thereof.
(d) Planning Commission Action. The Planning Commission shall review all applications at a public meeting. The Planning Commission shall consider all recommendations of the staff and consultants.
(1) Decisions. All applications that the Planning Commission has been charged with the authority to approve under the provisions of this chapter shall be approved, denied, or approved subject to conditions. The Planning Commission may table any such applications for further study or obtain additional information, but shall not unreasonably delay its final decision without the consent of the applicant. All decisions of the Planning Commission shall be in accordance with the purpose and intent of this chapter and all applicable standards and requirements set forth in this chapter.
(2) Recommendations. For those applications that the Planning Commission has been charged with the authority to review and make a recommendation to the City Council, the Planning Commission may recommend approval, denial, or approval subject to conditions. The Planning Commission may table any such applications for further study or to obtain additional information, but shall not unreasonably delay its recommendation without the consent of the applicant. All recommendations shall be in accordance with the purpose and intent of this chapter and all applicable standards and requirements set forth in this chapter.
(e) City Council Action. The City Council shall review all applications at a pubic meeting. The Council shall consider all recommendations of the staff, consultants and the Planning Commission. The Council may approve, deny, or approve subject to conditions, all applications it reviews. The Council may table any application for further study or to obtain additional information, but shall not unreasonably delay its final decision without the consent of the applicant. All decisions of the City Council shall be in accordance with the purpose and intent of this chapter and all applicable standards and requirements set forth in this chapter.
(f) Filling Fees.
(1) All applications shall be accompanied by a filing fee which shall be established by resolution of the City Council, in accordance with Section 406 of Public Act 110 of 2006, as amended. This filing fee may include a deposit toward the costs of any consultants retained by the City for reviewing the application, such as consulting planning services, consulting engineering services, legal services, court reporter services, or similar services. The filing fee and deposit shall be paid before the approval process begins. Upon notification of deficient payment of fees, administrative officials charged with enforcement of the Ordinance shall suspend further review of the application and shall deny any new permits.
(2) Any deposit toward the cost of any consultants shall be credited against the expense to the City of such consultants, which shall be fully charged to the applicant. Any portion of the deposit not needed to pay such expense shall be refunded without interest to the applicant within thirty (30) days of final action on the application.
(3) A schedule of the current filing fees and deposit requirements shall be made available in the office of the City Clerk and the Building Department.
(4) The assessment and payment of application fees does not affect the requirements for a performance guarantee as specified in Section 1262.10.
(5) There shall be no fee in the case of application filed in the public interest by a municipal department or City Official.
(g) Public Hearing Process. This section shall present the basic provisions which shall apply to the following applications that require a public hearing:
Amendments (including rezonings);
Variances;
Appeal of an Administrative Decision or Zoning Ordinance Interpretation;
Planned Development; and
Conditional rezoning.
(1) Public Notice. The following public notice procedure shall apply for any public hearing, in accordance with Michigan Public Act 110 of 2006, as amended:
A. Notice Contents. The notice shall contain the following information, where applicable:
1. A description of the nature of the application and the purpose of the public hearing;
2. A statement indicating the applicable sections of the Zoning Ordinance;
3. A legal description and, when known, the address of the property;
4. A statement of when and where the public hearing will be held;
5. A statement of when and where written comments can be sent concerning the application.
B. Newspaper Publication and Written Notification. The general requirements for newspaper publication and written notification shall be as indicated in the following chart:
Action Requested | Newspaper Publication Requirements | Written Notification Requirements |
Adoption of a New Ordinance (A, H) | C | G |
Ordinance Amendment (A, H) | C | G |
Rezoning (A, H) | C (see also E) | E |
Special Land Use (A) | C | D |
Planned Development (A, H) | C | D |
Conditional Rezoning (A, H) | C | D |
Variance (B) | C | F |
Appeal of an Administrative Decision or Zoning Ordinance Interpretation (B) | C | F |
FOOTNOTES:
A. The Planning Commission must hold at least one public hearing.
B. The Zoning Board of Appeal must hold a public hearing.
C. Notices of public hearings must be published in a newspaper of general circulation within the City not less than 15 days prior to the date of the hearing.
D. Notices must be mailed to owners of the property that is the subject of the request and to the owners and occupants of all properties and structures within 300 feet of the subject site, including those outside of the City (in adjacent cities, villages or townships) if applicable. Notices must be mailed to each occupant of a single structure containing 4 or less dwelling units or other distinct spatial areas, which are owned or leased by different persons. For structures containing more than 4 dwelling units or other distinct spatial areas that are owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be responsible to post the notice at the primary entrance to the structure. Notices must be postmarked not less than 15 days prior to the date of the hearing.
E. If 10 or fewer adjacent properties are involved, notice must be sent by mail to the owners and occupants of all property and structures within 300 feet of the subject site, including those outside of the City, if applicable. If 11 or more adjacent properties are involved, no additional notification is necessary and addresses may be omitted from the notice published in the newspaper. Notices must be postmarked not less than 15 days prior to the date of the hearing.
F. Notification of a variance (dimensional or use) request must be sent by mail to owners of the property that is the subject of the request and to the owners and occupants of all properties and structures within 300 feet of the subject site, including those outside of the City (in adjacent cities, villages or townships) if applicable. Notification of an ordinance interpretation or decision appeal need not be sent by mail to surrounding property owners and occupants unless the interpretation or decision appeal involves a specific parcel, in which case notification must be sent by mail to the owners and occupants of all property within 300 feet of the parcel involved in the appeal, including the owner of the parcel involved in the appeal. Notices must be mailed to each occupant of a single structure containing 4 or less dwelling units or other distinct spatial areas, which are owned or leased by different persons. For structures containing more that 4 dwelling units or other distinct spatial areas that are owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be responsible to post the notice at the primary entrance to the structure. Notices must be postmarked not less than 15 days prior to the date of the hearing.
G. Notice must be mailed to each electric, gas and pipeline utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and each airport manager, that has registered its name and mailing address with the Clerk to receive such notice. Notices must be postmarked not less than 15 days prior to the date of the hearing.
H. A property owner may request by certified mail, addressed to the Clerk, that the City Council hold a public hearing to hear comments on a proposed ordinance provision (adoption of a new ordinance, ordinance amendment, rezoning, planned development or conditional rezoning). Newspaper publication and written notification requirements shall be made as set forth in this Section for the corresponding type of proposed ordinance provision. It shall be the responsibility of the property owner requesting the public hearing to pay for the costs incurred by the City for notification of the public hearing.
(h) Disclosure of Interest. The full name, address, telephone number, and signature of the applicant shall be provided on the application. If the application involves real property in the City, the applicant must be the fee owner, or have identified legal interest in the property, or be an authorized agent of the fee owner. A change in ownership after the application is filed shall be disclosed prior to any public hearing or the final decision on the application.
(1) Required Disclosure when Applicant is not Fee Owner. If the applicant is not the fee owner, the application should indicate interest of the applicant in the property, and the name and telephone number of all fee owners. An affidavit of the fee owner shall be filed with the application stating that the applicant has authority from the owner to make the application.
(2) Required Disclosure when Applicant is a Corporation or Partnership. If the applicant or fee owner is a corporation, the names and addresses of the corporation officers and registered agent shall be provided, and if a partnership, the names and addresses of the partners shall be provided.
(3) Required Disclosure when Applicant or Owner is a Land Trust. If the applicant or fee owner is a trust or a trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary must be provided.
(i) Records. The City shall keep accurate records of all decisions on all applications submitted pursuant to this chapter.
(Res. 98-529A. Passed 12-21-98; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)