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:
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.
