The provisions of this chapter shall be administered and enforced by the Building Department.
A. 
A Building Official shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for a Building Official to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform to this chapter.
B. 
A Building Official shall record all nonconforming uses existing at the effective date of this chapter for the purpose of carrying out the provisions of § 370-99 in this chapter.
C. 
Under no circumstances is a Building Official permitted to make changes to this chapter or to vary the terms of this chapter in carrying out his duties as a Building Official.
D. 
A Building Official shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements, which may occur upon the granting of said permit.
A Building Official shall require that all applications for building permits shall be accompanied by plans and specifications, including a plot plan, in triplicate, 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 structure already on the lot.
C. 
The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of 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.
The following shall apply in the issuance of any permit:
A. 
Permits not to be issued: 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 all provisions of this chapter.
B. 
Permits for new use of land. 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 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 certificate of occupancy 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 or until 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 ingress and egress, or other changes affecting or regulated by the City of Roseville Building Code, Housing Law, or this chapter, except for minor repairs or changes not involving any of the aforesaid features.
A. 
For existing nonresidential uses licensed to do business in the City of Roseville and for new uses that are not yet licensed, permits authorizing temporary special events may be issued for:
(1) 
New uses, not yet licensed, which shall also be subject to Chapter 187.
(2) 
Tent sales, outdoor sales not otherwise regulated under City codes or provided the following conditions are met.
B. 
Zoning districts where permitted. Temporary special land uses for tent sales, outdoor sales shall be permitted in the B-1, B-2, B-3, I-1 or I-2 Districts.
C. 
Application fee; submission of plot plan:
(1) 
Every person, firm or corporation desiring to obtain a temporary special use permit as required by this chapter shall file a written application with the Building Department on a form approved by the Department, together with an application fee as is hereafter provided by resolution of the Roseville City Council.
(2) 
The application for a temporary special land use permit shall be accompanied by plans and specifications, including a plot plan, in triplicate, drawn to scale, showing the following:
(a) 
The shape, location and dimensions of the lot, including the shape, size and location of all buildings or other structures already on the lot, off-street parking layout, and the location of any designated fire lanes.
(b) 
The materials to be utilized in and the shape, size and location of all buildings and structures to be erected or moved onto the lot, including all tents, tables, stands or display racks.
(c) 
The anticipated automobile traffic flow to and from the lot and any adjacent thoroughfares, loss of off-street parking spaces, if any, as well as the anticipated flow of pedestrian traffic upon lot sidewalks.
D. 
Time limitations. A temporary special use permit for a tent or outdoor sale shall by its terms be effective for no longer than five days. No more than three temporary special use permits for tent sales or outdoor sales shall be issued for a given location within a single calendar year. Temporary special use permits for tent sales or outdoor sales shall not be issued for any given location for consecutive time periods.
E. 
Regulations. A temporary special use permit shall only be granted if the Building Department determines that the proposed use, including the erection of any temporary building or structure, will comply with the following:
(1) 
Provide adequate light and ventilation between buildings and structures.
(2) 
Provide adequate automobile and pedestrian traffic flow.
(3) 
Provide adequate off-street parking.
(4) 
Provide adequate lot access for fire protection purposes.
(5) 
Not adversely affect the stability and integrity of the zoning plan prescribed by this chapter or otherwise interfere with the protection of public health, safety and general welfare.
(6) 
Not be incompatible with or otherwise adversely affect the physical character of the community and, in particular, the surrounding area within a distance of 500 feet.
(7) 
The temporary special use shall comply with all applicable zoning regulations for the district in which the temporary special use is to be located, including all requirements pertaining to lot size, height setback, open space ratio, maximum percentage of covered lot area, and off-street parking capacity.
(8) 
No temporary special use shall be permitted in an off-street parking lot if it reduces the parking by greater than 15%.
(9) 
All temporary buildings and structures shall be constructed, used, occupied and maintained so as to be in compliance with the provisions of the building code and all other applicable ordinances of the City of Roseville.
(10) 
Permit in any residential district the temporary location of a pre-manufactured building in new subdivisions, irrespective of the requirements of § 370-15A of this chapter for periods not to exceed 90 days, provided:
(a) 
The use shall be only for offices for the specific purpose of selling lots or new homes to be erected in the subdivision.
(b) 
All applicable building height, bulk and area requirements of the district are met.
(c) 
The structure shall be removed from the subdivision upon completion of the first permanently built model home intended for display, but in no case shall the pre-manufactured dwelling remain beyond the time limitation specified above.
(11) 
Permit temporary buildings and uses for periods not to exceed two years in undeveloped sections of the City, and for periods not to exceed six months in developed sections, provided the conditions set forth in § 370-138E in this article are met.
(12) 
Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed 12 months with the granting of twelve-month extensions being permissible: uses which do not require the erection of any capital improvement of a structural nature, provided the conditions set forth in § 370-138E in this article are met.
(13) 
A Building Official, in granting permits for the above temporary uses, shall do so under the following conditions:
(a) 
The granting of the temporary use shall in no way constitute a change in the basic uses permitted, neither in the district nor on the property wherein the temporary use is permitted.
(b) 
The granting of the temporary use shall be granted, in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit.
(14) 
All setbacks, land coverage, off-street parking, lighting and other requirements of the district shall be met.
(15) 
In classifying uses as not requiring capital improvements, a Building Official shall determine that they are either demountable structures related to the permitted use of land; recreation developments, such as, but not limited to golf driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems or sanitary connections.
(16) 
Permit a residence in a nonresidential structure, where not otherwise permitted, providing the use is for the proprietor, a watchman or other security purposes. A residence permitted under this provision shall not be made available for general occupancy.
(17) 
Special temporary uses not meeting the above applicable requirements may appeal to the Board of Appeals for relief from the strict application of these standards.
No land, building, or part thereof shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such use. The following shall apply in the issuance of any certificate:
A. 
Certificate not to be issued. No certificates of occupancy shall be issued for any building, structure or part thereof, or for the use of any land, which is not in accordance with all the provisions of this chapter.
B. 
Certificates required. No building or structure, or parts thereof, which is hereafter erected, or altered, shall be occupied or used, or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building or structure.
C. 
Certificates including zoning. Certificates of occupancy as required by the building code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this chapter.
D. 
Certificates for existing buildings. Certificates of occupancy shall be issued for existing buildings, structures, or uses thereof, or existing uses of land, if, after inspection, it is found that such buildings, structures, or parts thereof, or such use of land, are in conformity with the provisions of this chapter.
E. 
Record of certificates. A record of all certificates issued shall be kept on file in the office of the Building Department, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the property involved.
F. 
Certificates for dwelling accessory buildings. Buildings or structures accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.
G. 
Application for certificates.
(1) 
Application for certificates of occupancy shall be made, in writing, to the Roseville Building Department on forms furnished by the Department, and such certificates shall be issued within five business days after receipt of such application if it is found that the building or structure, or part thereof, or the use of land, is in accordance with the provisions of this chapter.
(2) 
If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and cause thereof within the aforesaid five-business-day period.
H. 
Temporary certificates of occupancy. A temporary certificate of occupancy may be issued if the property owner is entitled to a temporary certificate of occupancy under the Roseville Construction Code, provided there is compliance with the additional requirements of this subsection. Any temporary certificate of occupancy issued shall specify a reasonable time for site improvements. Failure to comply with the time limit set forth shall be considered a violation of the time limit placed on the temporary certificate of occupancy for purposes of enforcing this chapter and requiring completion of site improvements. For purposes of this subsection, the term "City Engineer" shall include any private engineering firm that the City of Roseville contracts with to perform the described engineering functions.
I. 
Duration of temporary certificate of occupancy. A temporary certificate of occupancy shall not be effective for more than six months. Thereafter, occupancy may only be authorized under a final certificate of occupancy.
J. 
Unfinished site improvements. All unfinished site improvements which are included on an approved site plan, or which are otherwise required by this chapter, shall be constructed, installed or placed on the property, and be approved by the City Engineer by letter to the Building Department within six months of obtaining a temporary certificate of occupancy. Failure to finish and obtain approval of said improvements shall constitute a violation of this chapter, giving rise to the penalties provided for herein, and constitute a basis for relief in a court of competent jurisdiction.
K. 
Cash, letters of credit and bonds.
(1) 
Whenever any applicant seeks occupancy of premises prior to the completion of all construction of every nature in accordance with an approved site plan and the requirements of the City's ordinances, or when the applicant occupies the premises at the time of application for a building permit and continued occupancy is contemplated during the time of construction, the applicant shall deposit cash, a certified check, an irrevocable bank letter of credit, or a corporate surety bond forfeitable to the City of Roseville in an amount equal to 150% of the estimated cost of the remaining improvements pursuant to such site plan and the requirements of this chapter. The estimate of said cost shall be solely in the discretion of the City Engineer. As used in this subsection, "improvements" means those features and actions associated with a project which are considered necessary by the body or official granting zoning approval to protect natural resources, or the health, safety and welfare of the residents of the City and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage.
(2) 
Such cash deposit, certified check, irrevocable bank letter of credit or bond shall run to the City and shall be forfeitable by its terms and conditions, automatically, 15 days after notice to the applicant that the requirements of the site plan or this chapter have not been met according to the terms of the temporary certificate or a time specified in the building permit. Such cash deposit, certified check, irrevocable bank letter of credit, or bond shall be considered posted with the condition that upon passage of said 15 days after such notice, in writing, by first-class mail at the last known address of the applicant, such amount shall automatically be transferred to the City of Roseville, or otherwise enforceable by the City by any means available. Thereafter, the City shall be authorized to go onto the property and complete the construction in accordance with the site plan requirements with the funds available. The City may retain 20% of the cost of such completion as the City construction administrative expense and refund any balance to the applicant. No part of an irrevocable bank letter of credit or surety bond shall be released until all of the work is complete. In the case of a deposit of cash or a certified check, portions of said amount may be rebated as work progresses, at reasonable intervals, provided that at all times the amount on deposit shall equal the cost of the work to be completed.
L. 
Final certificate of occupancy – minor exterior improvements not completed. A final certificate of occupancy may be issued if the property owner is entitled to a final certificate of occupancy under the State Construction Code and a City of Roseville Building Official finds that there are minor exterior site plan requirements that remain to be finished, provided there is compliance with the additional requirements of this section.
Whenever any section of this chapter refers to Article XXVI, § 370-140, notice of public hearing shall be given in accordance with the requirements of Public Act 110 of 2006,[1] and as outlined in Subsection A below:
A. 
Notice that a request for a use permitted subject to special conditions shall be published in a newspaper of general circulation in the City and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons whose 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. The notice shall be given not less than 15 days before the application will be considered; 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 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. The notice shall:
(1) 
Describe the nature of the requested use permitted subject to special conditions.
(2) 
Indicate the property that is the subject of the use request.
(3) 
State when and where the use request will be considered.
(4) 
Indicate when and where written comments will be received concerning the request.
(5) 
Indicate that a property owner may request a public hearing on the use or the occupant of a structure located within 300 feet of the boundary of the property being considered for a use permitted subject to special conditions.
B. 
The Planning Commission may deny, approve, or approve with conditions requests for special uses. The decision on such uses shall be incorporated in a statement of conclusions relative to the use under consideration. The decision shall specify the basis for the decision, and any conditions imposed.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
The Roseville Planning Commission, as established in Chapter 45 of the Roseville Code of Ordinances, is hereby designated as the commission specified in Article 1114 of Act 110 of the Public Acts of 2006, as amended, and shall perform the zoning duties of said commission as provided in the statute in connection with any amendment of this chapter.
A. 
In cases where the Planning Commission is empowered to approve a certain use of premises under the provisions of this chapter, the applicant shall furnish such surveys, plans or other information as may be reasonably required by said Commission for the proper consideration of the matter.
B. 
The Planning Commission shall investigate the circumstances of each such case and shall notify such parties who may, in its opinion, be affected thereby of the time and place of any hearing which may be held relative thereto as required under its rules of procedure.
C. 
The Planning Commission may impose such conditions or limitations in granting approval as may in its judgment be necessary to fulfill the spirit and purpose of this chapter.
D. 
Except where otherwise set forth in this chapter, any approval given by the Planning Commission, under which premises are not used or work is not started within 12 consecutive months or when such use or work has been abandoned for a period of 12 consecutive months, shall lapse and cease to be in effect,
E. 
The Planning Commission shall not have the power to change the zoning classification of any property, nor to grant exceptions or variances from any terms or requirements of this chapter.
The Roseville City Council may from time to time, on recommendation from the 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 110 of the Public Acts of 2006,[1] as amended.
[1]
Editor's Note: See § 125.3101 et seq.
The zoning ordinance adopted by the City of Roseville, known as Ordinance No. 1009, and all amendments thereto, is hereby repealed. The repeal of the above ordinance and its amendments does not affect or impair any act done, offense committed or right accruing, accrued, or acquired or liability, penalty, forfeiture or punishment incurred prior to the time enforced, prosecuted or inflicted.
In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance other than the above described zoning ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.
Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein, and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.
A. 
Violations.
(1) 
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than $500, together with the costs of prosecution, or by imprisonment for a period not to exceed 90 days for each offense, or both, as determined by the court.
(2) 
Violations of this chapter may also be enforced, enjoined or prohibited through action filed in the Circuit Court of the County of Macomb in law and in equity.
B. 
Public nuisances. Any building or structure that is erected, altered or converted, or any use of premises of land that 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.
C. 
Fines, imprisonment. 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.
D. 
Each day a separate offense. A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.
E. 
Rights and remedies are cumulative. A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.