Authority. Except where herein otherwise stated, the provisions of this ordinance shall be administered by the Zoning Administrator, or such other official or officials as may be designated by the City Council. The Zoning Administrator shall have the power to:
A. 
Make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this ordinance.
B. 
Issue and serve appearance tickets on any person with respect to any violation of this ordinance where there is reasonable cause to believe that the person has committed such an offense.
C. 
Maintain and safely keep copies of all plans other than for single-family dwellings and fees submitted with such application, and the same shall form a part of the records of his/her office and shall be available to the Council and all other officials of the City.
D. 
Perform such other functions necessary and proper to enforce and administer the provisions of this ordinance.
A. 
Building permits.
1. 
No building, structure, or commercial sign shall be erected, altered, moved, or substantially repaired unless a building permit shall have been first issued for such work.
2. 
No building permit shall be issued for the erection, alteration, or use of any building or structure or for the use of any land which is not in accordance with all provisions of this ordinance.
3. 
The holder of every building permit for the construction, erection, alteration, repair, or moving of any building or structure shall notify the Building Inspector immediately upon completion of the work authorized by the permit for a final inspection.
4. 
Prior to issuance of a building permit, the Building Inspector may require any information specified in Section 19-6 which he determines to be necessary in order to properly evaluate the permit request and determine compliance with the applicable requirement of this ordinance.
B. 
Certificate of occupancy.
1. 
No vacant land shall be used and no existing use of land shall be changed to a different class of use unless a certificate of occupancy is first obtained for the new or different use.
2. 
No building or structure which is hereafter erected or altered shall be occupied or used unless and until a certificate of occupancy shall have been issued for such building or structure.
3. 
Certificates of occupancy, as required by the currently adopted Building Code for the City of New Buffalo, shall also constitute certification of compliance with the Zoning Ordinance.
4. 
A record of all certificates of occupancy issued shall be kept on file in the office of the Zoning Administrator and copies shall be furnished upon request to any person owning or renting the property which is the subject of the certificate.
5. 
Applications for certificates of occupancy shall be made in writing to the Building Inspector on a form furnished by the City of New Buffalo. Certificates shall be issued within 10 days after receipt of such application if the building or structure or use of land is in accordance with the provisions of this ordinance and the other applicable ordinances of the City of New Buffalo.
C. 
Fees. Fees for the inspection and issuance of building permits or certificates of occupancy, or copies required or issued under the provisions of this ordinance, may be collected by the City in advance of issuance. The amount of such fees shall be established by resolution of the City Council and shall cover the cost of inspection and supervision resulting from the enforcement of this ordinance.
A. 
Violations.
1. 
A violation of this ordinance is a municipal civil infraction and shall be processed in accordance with the provisions of Chapter 2, Articles I and II, of the Code of the City of New Buffalo. Such violation shall be subject to a fine of $100 for the first offense and $200 for subsequent offenses, in addition to all other costs, damages, and expenses provided by law. For purposes of this section, "subsequent offense" means a violation of the provisions of this ordinance committed by the same person within 12 months of a previous violation of the same provision of this ordinance for which said person admitted responsibility or was adjudicated to be responsible; provided, however, that offenses committed on subsequent days within a period of one week following the issuance of a citation for a first offense shall all be considered separate first offenses.
2. 
Each day during which any violation continues shall be deemed a separate offense.
3. 
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 ordinance and is 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.
4. 
The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
B. 
Performance guarantees.
1. 
As a condition of approval of a site plan review, special land use, or planned unit development, the Planning Commission, City Council, or Zoning Administrator, whichever is designated as the approving authority, or the Zoning Board of Appeals, may require a financial guarantee of sufficient sum to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development. Such features or components, hereafter referred to as "improvements," may include, but shall not be limited to, roadways, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.
2. 
Performance guarantees shall be processed in the following manner:
a. 
Prior to the issuance of a certificate of occupancy, the applicant shall submit an itemized estimate of the cost of the required improvements which are subject to the performance guarantee, which shall then be reviewed by the Zoning Administrator. The amount of the performance guarantee shall be 100% of the cost of purchasing of materials and installation of the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies, shall not exceed 125% of the estimated cost of materials and installation.
b. 
The required performance guarantee may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the City.
c. 
Upon receipt of the required performance guarantee, the Zoning Administrator shall issue a building permit for the subject development or activity, provided it is in compliance with all other applicable provisions of this ordinance and other applicable ordinances of the City.
d. 
The Zoning Administrator, upon the written request of the obligor, 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 improvements.
e. 
When all of the required improvements have been completed, the obligor shall send written notice to the Zoning Administrator of completion of said improvements. Thereupon, the Zoning Administrator shall inspect all of the improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections. If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.
f. 
A record of required performance guarantees shall be maintained by the Zoning Administrator.
A. 
Procedure.
1. 
Written applications for the adoption of a zoning change or amendment to this ordinance may be initiated by:
a. 
Any interested person;
b. 
The Planning Commission; or
c. 
The City Council.
2. 
If said application is for a zoning change, an "interested person" shall either be the owner of the property which will be considered for the zoning change, or, if not the owner of the property, the applicant shall submit a written statement from the property owner indicating his/her permission to submit such application.
3. 
An application for a zoning change shall consist of:
a. 
A written statement from the property owner indicating his/her permission to submit such application, if applicable.
b. 
Payment of a fee, as established from time to time by the City Council.
c. 
A map clearly showing the property to be considered for the zoning change, including all properties within 1/4 mile of the subject property and the current zoning of all such properties.
d. 
A legal description of the property to be considered for the zoning change and the parcel's tax identification number.
e. 
For a text amendment, the exact wording proposed for change in the zoning ordinance shall be submitted.
f. 
A statement of why the proposed zoning change is desired and any other materials the applicant feels would support their request.
4. 
The Planning Commission, after public hearing conducted in accordance with the requirements of the City/Village Zoning Act[1] shall forward said application, with its recommendation and report, to the City Council for its consideration.
[1]
Editor's Note: See now the Michigan Zoning Enabling Act, MCLA § 125.3101 et seq.
5. 
Upon receipt of the recommendation of the Planning Commission, the City Council shall either approve or deny the requested rezoning in accordance with the procedures adopted by the Council.
[Amended 6-21-2016 by Ord. No. 216]
The provisions of this ordinance No. 216 are hereby adopted, and this ordinance shall take effect on June 21, 2016.
[Amended 6-21-2016 by Ord. No. 216]
The Zoning Ordinance adopted by the City of New Buffalo, known as Ordinance No. 99, adopted October 18, 1994, and all amendments thereto, are hereby repealed and replaced by Ordinance No. 132, adopted July 17, 2001, taking effect on August 14, 2001. This corrective action replacing Ordinance No. 132 with Ordinance No. 99 for repeal does not affect any act done or offense committed, or any liability, penalty, forfeiture, or punishment acquired thereunder prior to this emergency corrective Ordinance No. 216 adopted and implemented on June 21, 2016.