Permit Process

City Officials' Intentional Misconduct - Mount Pleasant, MI Zoning

Prescribed by City Code

§ 154.168 PLANNING COMMISSION

(D) The Planning Commission shall have the power to adopt rules and regulations for its own government, not inconsistent with law or with the provisions of this and of any other ordinance of the city.

§ 154.169 SITE PLAN REVIEW

(A) In accordance with Public Act 638 of 1978, being M.C.L.A. §§ 125.581 et seq., as amended, the Planning Commission is empowered to review site plans before any building or structure is erected or structurally altered in all Multiple-Family Residential, Commercial and Industrial Districts. The Commission shall approve the site plan upon finding that the regulations of this chapter have been complied with provided:

(D) Decisions conditionally approving or rejecting the site plans shall be based upon standards and requirements contained in the Zoning Ordinances.

(2) The Planning Commission may authorize the Secretary of the Planning commission to approve site plans if it is determined that the development meets all established criteria. The Secretary shall provide subsequent reports to the Planning Commission on these plan approvals.

MICHIGAN ZONING ENABLING ACT Act 110 of 2006

Section 125.3501(1) The local unit of government may require the submission and approval of a site plan before authorization of a land use or activity regulated by a zoning ordinance. The zoning ordinance shall specify the body or official responsible for reviewing site plans and granting approval.

Section 125.3501(4) A decision rejecting, approving, or conditionally approving a site plan shall be based upon requirements and standards contained in the zoning ordinance, other statutorily authorized and properly adopted local unit of government planning documents, other applicable ordinances, and state and federal statutes.

§ 154.162 ZONING BOARD OF APPEALS

(C) Further, the Board may interpret the zoning map and text. The Zoning Board shall not have the power to alter or change the zone district classification of a property, nor make any changes in the terms of this chapter.

(E) The Zoning Board of Appeals shall have power to adopt rules and regulations for its own government, not inconsistent with law or with the provisions of this and any other ordinance of the city.

(H) Meetings of the Zoning Board of Appeals shall be held to consider pending applications for appeals, variances, and zoning interpretations.

§ 154.163 APPEALS; CONDITIONS

(A) Appeals. The Zoning Board of Appeals shall have the power to hear and decide upon appeals of the Building Official and city boards or commissions charged with the enforcement of this chapter and appeals of special use permits. An application of appeal shall be submitted to the Secretary of the Board within 30 days of the decision, stating the grounds for the appeal. The application shall be accompanied by a fee in the amount established by the City Commission.

(1) The secretary or designee of the Board shall serve a copy of the appeal to the city official, board or commission whose decision is being appealed. A copy of the appeal shall also be sent to the Board. The Secretary or the chairperson of the Board shall set a time and place for a public hearing of the appeal in accordance with this chapter.

§ 154.164 VARIANCES

(A) Applications for a variance shall be submitted and served in the same manner as provided for appeals and shall be accompanied by a fee set by the Commission. The Zoning Board of Appeals shall not consider any requests for use variances unless a request to rezone or conditionally rezone the property has been denied within the past calendar year.

MICHIGAN ZONING ENABLING ACT Act 110 of 2006

125.3604(7) If there are practical difficulties for nonuse variances as provided in subsection (8) or unnecessary hardship for use variances as provided in subsection (9) in the way of carrying out the strict letter of the zoning ordinance, the zoning board of appeals may grant a variance in accordance with this section, so that the spirit of the zoning ordinance is observed, public safety secured, and substantial justice done. The ordinance shall establish procedures for the review and standards for approval of all types of variances. The zoning board of appeals may impose conditions as otherwise allowed under this act.

Mount Pleasant, Michigan City Code / Michigan Statute     (excerpt)     04/01/2010

Prescribed by City Code

§ 154.168 PLANNING COMMISSION

(D) The Planning Commission shall have the power to adopt rules and regulations for its own government, not inconsistent with law or with the provisions of this and of any other ordinance of the city.

§ 154.169 SITE PLAN REVIEW

(A) In accordance with Public Act 638 of 1978, being M.C.L.A. §§ 125.581 et seq., as amended, the Planning Commission is empowered to review site plans before any building or structure is erected or structurally altered in all Multiple-Family Residential, Commercial and Industrial Districts. The Commission shall approve the site plan upon finding that the regulations of this chapter have been complied with provided:

(D) Decisions conditionally approving or rejecting the site plans shall be based upon standards and requirements contained in the Zoning Ordinances.

(2) The Planning Commission may authorize the Secretary of the Planning commission to approve site plans if it is determined that the development meets all established criteria. The Secretary shall provide subsequent reports to the Planning Commission on these plan approvals.

MICHIGAN ZONING ENABLING ACT Act 110 of 2006

Section 125.3501(1) The local unit of government may require the submission and approval of a site plan before authorization of a land use or activity regulated by a zoning ordinance. The zoning ordinance shall specify the body or official responsible for reviewing site plans and granting approval.

Section 125.3501(4) A decision rejecting, approving, or conditionally approving a site plan shall be based upon requirements and standards contained in the zoning ordinance, other statutorily authorized and properly adopted local unit of government planning documents, other applicable ordinances, and state and federal statutes.

§ 154.162 ZONING BOARD OF APPEALS

(C) Further, the Board may interpret the zoning map and text. The Zoning Board shall not have the power to alter or change the zone district classification of a property, nor make any changes in the terms of this chapter.

(E) The Zoning Board of Appeals shall have power to adopt rules and regulations for its own government, not inconsistent with law or with the provisions of this and any other ordinance of the city.

(H) Meetings of the Zoning Board of Appeals shall be held to consider pending applications for appeals, variances, and zoning interpretations.

§ 154.163 APPEALS; CONDITIONS

(A) Appeals. The Zoning Board of Appeals shall have the power to hear and decide upon appeals of the Building Official and city boards or commissions charged with the enforcement of this chapter and appeals of special use permits. An application of appeal shall be submitted to the Secretary of the Board within 30 days of the decision, stating the grounds for the appeal. The application shall be accompanied by a fee in the amount established by the City Commission.

(1) The secretary or designee of the Board shall serve a copy of the appeal to the city official, board or commission whose decision is being appealed. A copy of the appeal shall also be sent to the Board. The Secretary or the chairperson of the Board shall set a time and place for a public hearing of the appeal in accordance with this chapter.

§ 154.164 VARIANCES

(A) Applications for a variance shall be submitted and served in the same manner as provided for appeals and shall be accompanied by a fee set by the Commission. The Zoning Board of Appeals shall not consider any requests for use variances unless a request to rezone or conditionally rezone the property has been denied within the past calendar year.

MICHIGAN ZONING ENABLING ACT Act 110 of 2006

125.3604(7) If there are practical difficulties for nonuse variances as provided in subsection (8) or unnecessary hardship for use variances as provided in subsection (9) in the way of carrying out the strict letter of the zoning ordinance, the zoning board of appeals may grant a variance in accordance with this section, so that the spirit of the zoning ordinance is observed, public safety secured, and substantial justice done. The ordinance shall establish procedures for the review and standards for approval of all types of variances. The zoning board of appeals may impose conditions as otherwise allowed under this act.

Mount Pleasant, Michigan City Code / Michigan Statute     (excerpt)     04/01/2010