1. Community Development Department as Applicant. The authority of the Community Planning and Development Department to file an application pursuant to this Ordinance is limited to applications that may be required for activities or development on City-owned land.
2. Staff, City Council, or Planning Commission as Applicant. The authority of the City Council or Planning Commission to file an application pursuant to this Ordinance is limited to (a) applications for Text Amendments pursuant to § A-8.3A, (b) applications for Zone Map Amendments pursuant to § A-8.3B, (c) applications for creation, amendment, or rezoning of Planned Unit Overlay (PUD-O) districts pursuant to § A-8.3C.
3. Applicant is Not Owner. If the applicant is not the owner of the land, or is a contract purchaser of the land, a letter signed by the owner consenting to the submission of the application shall be submitted. This provision does not apply to the submission of site plans, building permits, or sign permits.
4. Applicant is Not Sole Owner. If the applicant is not the sole owner of the land, a letter signed by the other owners or an association representing the owners consenting to or joining in the application shall be submitted. This provision does not apply to the submission of site plans, building permits, or sign permits.

B. Application Submission Schedule. The schedule for the submission of applications shall be established by the City Planner and made available to the public.
C. Application Contents. Applications required under this Ordinance shall be submitted in a form established by the City Planner and made available to the public.
D. Simultaneous Processing of Applications. Whenever two or more forms of review and approval are required under this Ordinance (e.g., a special use permit and a variance), the applications for those development approvals may, at the option of the City Planner, be processed simultaneously, so long as all applicable requirements are satisfied for both applications.
E. Fees.

1. Determination of Fees. The City Commission shall determine by resolution the fees to accompany all applications submitted under this Ordinance. The City Commission may adjust fee amounts from time to time.
2. Fees to be Paid. No application shall be processed until the established fee has been paid.
3. Refund of Fees. Application fees are not refundable except where the City Planner determines that an application was accepted in error, or the fee paid exceeded the amount due, in which case the amount of the overpayment will be refunded to the applicant.

F. Application Submission. An application for development approval shall be submitted to the City Planner pursuant to the application submittal schedule (§ 8.1B: Application Submission Schedule) along with a fee established pursuant to § A-8.1E, Fees.
G. Determination of Sufficiency. 

1. Determination of Sufficiency. Within seven days following receipt of the application, the City Planner shall determine if the application is complete, meets all relevant threshold requirements and includes data in sufficient detail to evaluate the application to determine whether it complies with the requirements of this Ordinance.
2. Determined Insufficient. If the City Planner determines the application is not sufficient, a notice shall be provided to the applicant specifying the application's deficiencies. When the application is determined sufficient, it shall be reviewed pursuant to the procedures and standards of this chapter. If the applicant fails to correct the deficiencies within 60 days, the application shall be considered withdrawn.

H. Scheduling of Public Hearing. When an application for development approval is subject to a public hearing (see § A-8.1K.3, Timing of Notice, for when a public hearing is required), the City Planner shall ensure that the public hearing(s) on the application is scheduled for a regularly scheduled meeting or a meeting specially called for that purpose by the decision-making or advisory body reviewing the application. The public hearing(s) shall be scheduled so there is sufficient time for a Staff Report to be prepared and for the public notification requirements to be satisfied.
I. Public Notification. All applications for development approval requiring public hearings shall comply with the Michigan Statutes, the table in § A-8.1I.4: Timing of Notice, and the other provisions of this section with regard to public notification.

1. Content. All notices for public hearings, whether done by publication or mail (written notice) shall:

a) Identify Application. Identify the application and the name, address, and telephone number of the applicant or the applicant's agent.
b) Date, Time, and Place of Public Hearing. Indicate the date, time and place of the public hearing(s).
c) Location. Describe the land involved by street address or by legal description and nearest cross street, and area (size).
d) Describe Nature and Scope of Application. Describe the nature, scope, and purpose of the application or proposal.
e) Notify Public Where They May Be Heard. Include a statement stating that the public may appear at the public hearing, be heard and submit evidence and written comments with respect to the application.
f) Written Comments. Include a statement describing where written comments will be received prior to the public hearing.

2. Published Notice. When the provisions of this Ordinance require that notice be published, the City Planner shall be responsible for preparing the content of the notice and publishing the notice in a newspaper of general circulation that has been selected by the City. The content and form of the published notice shall be consistent with the requirements of § A-8.1I.1: Content, and state law.
3. Written (Mailed) Notice.

a) General. When the provisions of this Ordinance require that written or mailed notice be provided, the City Planner shall be responsible for preparing and mailing the written notice. Notice shall be mailed to:

1) All property owners and occupants of the land subject to the application.
2) All property owners, or persons to whom real property is assessed, and occupants of structures within 300 feet of the boundary of the land subject to the application. The notice to occupants is subject to the following exceptions:

(a) Notification need not be given to more than one occupant of a structure;
(b) If the structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice;
(c) If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure with instructions to post the notice at the primary entrance to the structure.

3) All neighborhood organizations, public utility companies, railroads, and other persons who have requested to receive notice pursuant to § A-8.1J, Registration to Receive Notice by Mail.
4) For appeals of administrative decisions or requests seeking an interpretation of the Zoning Ordinance not involving a specific parcel of property, notice under § A-8.1I.2 is sufficient.
5) Failure to give proper notice shall not invalidate a proceeding unless mandated by state law.

b) Notice by Mail/Affidavit. Notice shall be deemed given when deposited during normal business hours for delivery with the United States postal service or other private or public delivery service as first class or similar mail, properly addressed and postage or delivery service paid. The City Planner shall prepare a list of property owners and registrants to whom notice was mailed.

See § A-8.1I.4 for details on the timing of notices.

1. General. Any neighborhood organization, public utility company, railroad or any other person may register with the City Clerk to receive written notice of all applications for development approval pursuant to § A-8.1I.3: Written (Mailed) Notice, or written notice of all applications for development approval within the zone district in which they are located. The City Clerk shall provide copies of these requests to the City Planner who shall be responsible for providing this notification.
2. Requirements for Eligibility. To be eligible for registration, the requesting party must provide the City Clerk information in the form required by the City Clerk to ensure notification can be made. All persons that have been registered must reregister biannually to remain registered and continue to receive notification pursuant to this section.

1. Submission of Request. An applicant may request that a decision-making or advisory bodies' consideration of an application at public hearing be deferred by submitting a written request for deferral to the City Planner.
2. City Planner Review. The City Planner shall consider deferral requests of less than 30 days, and shall grant such requests for good cause. The date of the public hearing at which the application will be heard shall be set at the time the deferral is granted by the City Planner.
3. Decision-Making or Advisory Body Review. The decision-making or advisory body reviewing the application shall consider deferral requests of more than 30 days, or beyond the next regularly scheduled meeting of such body, and shall grant such requests for good cause. The date of the public hearing at which the application will be heard shall be set at the time the deferral is granted by the decision-making or advisory board.

1. Submission of Application. Any request for withdrawal of an application shall be submitted in writing to the City Planner.
2. Prior to Notice of Public Hearing. The City Planner shall approve a request for withdrawal of an application if it has been submitted prior to the time of a public hearing or decision on the application.

1. Text Amendments, Amendments to Zone District Map (Rezones) and Rezones to Planned Development District Classifications.

a) Review and Recommendation by Planning Commission. After submission of an application for a text amendment, amendment to the Zone District Map or rezoning to Planned Unit Development Overlay (PUD-O) district classification, determination of its sufficiency, preparation of the Staff Report, and scheduling of the application for public hearing(s), the Planning Commission shall conduct a public hearing on the application pursuant to § 8.2: Public Hearing Procedures. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public testimony and other evidence given at the hearing. Within a reasonable period of time after the close of the public hearing, the Planning Commission shall make a recommendation to the City Commission recommending either to approve, approve with conditions (if appropriate) or disapprove the application based on the relevant review standards. The final report with the recommendation shall be forwarded to the City Commission.

1) After receipt of the recommendation from the Planning Commission and the staff report, the scheduling of a public hearing and public notification, the City Commission shall conduct a public hearing on the application pursuant to § 8.2: Public Hearing Procedures. At the public hearing the City Commission shall consider the application, the relevant support materials, the staff report, the Planning Commission's recommendation, and the public testimony and other evidence given. Within a reasonable period of time after the close of the public hearing, the City Commission shall approve, approve with conditions (if appropriate) or disapprove the application based on the relevant review standards (See § A-8.3B: Amendments to Text of Ordinance and Zone District Map, and § A-8.3C: Planned Unit Development Overlay (PUD-O) District).
2) If a valid protest petition is filed against a proposed amendment to the Zone District Map (Rezoning) pursuant to MCLA § 125.584(5), as amended, the approval request shall not be approved except by a favorable vote of two-thirds of the City Commission membership.

c) Notice of Adoption. Notice of the adoption of an amendment to the text of this Ordinance or the Zone District Map (Rezoning) shall be published in a newspaper of general circulation within 15 days after the date of adoption pursuant to MCLA § 125.584(7), as amended.

2. Special Use Permit (Review and Action by Planning Commission). After submission of an application for a special use permit, determination of its sufficiency, preparation of the Staff Report, public notification and the scheduling of the application for a public hearing, the Planning Commission shall conduct a public hearing on the application pursuant to the requirements of § 8.2: Public Hearing Procedures. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public testimony and other evidence given at the hearing. Within a reasonable period of time after the close of the public hearing, the Planning Commission shall either approve, approve with conditions or disapprove the application based on the relevant review standards (See § A-8.3D: Special Use Permit).

N. Notification of Decision. Notification of a decision on an application for development approval shall be provided by the City Planner to the applicant by mail within 14 days after the decision. A copy of the decision shall also be made available to the public at the offices of the City Planner, during normal business hours.
O. Rehearing of Applications.

1. General. Whenever any application for development approval is disapproved, a similar application for all or a part of the same land shall not be considered for a period of one year after the date of disapproval unless a Waiver of Time Limit is approved by the decision-making body pursuant to the requirements of § A-8.1O.2: Waiver of Time Limit. Only one request for waiver of time limit may be submitted by the applicant during the one-year period.
2. Waiver of Time Limit. The waiver of time limit shall be approved only upon a finding by two-thirds of the membership of the decision-making body that:

a) Substantial Change in Circumstances. There is a substantial change in circumstances relevant to the issues or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application; or
b) New or Additional Information. New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed; or
c) New Application Materially Different. A new application is proposed to be submitted that is materially different from the prior application; or
d) Material Mistake of Fact. The final decision on the application was based on a material mistake or omission of fact that, if known, would likely have resulted in a different determination.

P. Examination and Copying of Application/Other Documents.
At any time upon reasonable request and during normal business hours, any person may examine an application, the Staff Report and materials submitted in support of or in opposition to an application in the office of the City Planner, subject to recognized exceptions under the Freedom of Information Act or other state or federal law.