ADMINISTRATION AND ENFORCEMENT2
Editor's note— Ord. No. O-032612-1, § 1, adopted March 26, 2012, amended Article III in its entirety to read as herein set out. Former Article III, §§ 78-61—78-66, pertained to similar subject matter. See Code Comparative Table.
The provisions of this article shall be administered and enforced by a zoning administrator, who shall be designated by the township board, and who shall have the duties andresponsibilities set forth herein. In the absence of such appointed zoning administrator such duties shall be performed by the building inspector.
(Ord. No. O-032612-1, § 1, 3-26-2012)
Cross reference— Officers and employees, § 2-91 et seq.
The zoning administrator shall administer and enforce the provisions of this article; and shall be responsible for the inspection of buildings or premises necessary to carry out its enforcement of this article. The zoning administrator shall also:
(1)
Assist in determining what zoning requirements and procedures apply to proposed land use changes.
(2)
Assist in the completion of required permit application forms.
(3)
Post all required notices of meetings and public hearings concerning the administration of this article.
(4)
Review and investigate all zoning approval applications to determine compliance with the provisions of the article, and forward applications to the planning commission, zoning board of appeals, and township board for consideration, as applicable.
(5)
Identify, monitor and control nonconforming uses.
(6)
Investigate alleged violations of the article and enforce corrective measures when required.
(7)
Keep current the zoning map, text and records, record all amendments, and retain all official documents.
(8)
Periodically report to the township board and the planning commission on the status of zoning administration in the township and proposed solutions to any problems encountered in the administration of this article.
(9)
Receive, review and take action on applications for zoning compliance permits, as provided herein.
(Ord. No. O-032612-1, § 1, 3-26-2012)
(a)
Zoning compliance permit required. Except as otherwise provided in this article, it shall be unlawful to construct, reconstruct, erect or expand any building or structure, except for permitted accessory buildings not exceeding 200 square feet in area, or change the type of use of any land or building, unless a zoning compliance permit verifying that the location, dimensions, use and zoning approval status of the proposed building or structure or the proposed use of land complies with the provisions of this article has been issued by the zoning administrator. In those instances where the property owner claims that the building or structure is exempt from the requirements of this chapter, for reasons other than as set forth in this chapter, then, prior to construction, the property owner shall notify the building official of the planned construction and the reasons for the claim of exemption and shall receive written acknowledgement from the building official. The building official shall have ten business days in which to respond.
(b)
Plot plan required. A request for issuance of a zoning compliance permit shall be accompanied by a graphic plan, drawn to scale, showing the following:
(1)
The shape, location, dimensions and required setbacks of the lot.
(2)
)The shape, size, height and location of all buildings or other structures to be constructed, erected, expanded, altered or moved, and of any building or other structures already on the lot.
(3)
The existing and intended use of the lot and of all structures upon it.
(4)
Any other information concerning the lot or adjoining lots as may be necessary to ascertain compliance with the provisions of this article.
(c)
Issuance of zoning compliance permit. An application for a zoning compliance permit shall be reviewed and acted upon by the zoning administrator as follows:
(1)
Upon receipt of a request for a zoning compliance permit, the zoning administrator shall examine the plans in detail, and shall issue a zoning compliance permit if the plans are in compliance with the provisions of this article. If the zoning administrator denies the permit, the reason for denial shall be communicated in writing to the applicant.
(2)
A zoning compliance permit shall not be issued until any applicable fee, as established by resolution of the township board, has been paid in full.
(3)
Issuance of a zoning compliance permit shall in no case be construed as waiving any provision of this article.
(4)
A zoning compliance permit shall be valid for a period of one year from date of issuance. Extensions of up to one year may be granted by the zoning administrator when the proposed construction or use remains in compliance with the provisions of this article, as amended.
(Ord. No. O-032612-1, § 1, 3-26-2012; Ord. No. O-05-13-24-1, § 1, 5-13-2024)
A person who violates any provision of this article shall be punished in accordance with section 1-7.
(Ord. No. O-032612-1, § 1, 3-26-2012)
The building inspector and the zoning administrator, if a zoning administrator is appointed, or either of them, are hereby authorized to issue and serve appearance tickets (as defined in Section 9f of Chapter IV of Public Act No. 175 of 1927 (MCL 764.9f, MSA 28.868(6)), as amended, on persons whom they have reasonable cause to believe have violated the provisions of this article.
(Ord. No. O-032612-1, § 1, 3-26-2012)
(a)
For each zoning action, review, permit, or other activity required or permitted under this article, fees and costs shall be paid and escrowed to the township clerk.
(b)
The township board shall by resolution establish fees for the administration of this article, including all activities described above. A list of current fees shall be available for review by the public during township office hours at the Township Hall. The applicant shall pay all applicable fees upon the filing of any application, any proposed site plan, or any other request or application under this article. In addition to regularly established fees, the township board may also require an applicant to submit to the township (prior to township review of an application, proposed site plan, or other request) an amount of money determined by the township to be a reasonable estimate of the fees and costs which may be incurred by the township in reviewing and acting upon any such application or related matter (the escrow amount). The township may charge the applicant for all reasonable costs incurred by the township during and in connection with the review process and other related proceedings, whether or not the application is granted either in whole or in part. These costs may include, but shall not be limited to, township engineering fees, township attorney fees, township planning fees, fees and costs for services of outside consultants, fees and costs of other professionals who may assist the township, fees and costs for studies and reports pertaining to the matters in question, special meeting costs and other reasonable costs and expenses. The escrow amount shall be retained by the township for reimbursement of those costs. Any balance of the escrow amount that is not used or spent by the township shall be refunded. The fees, costs and escrow amount requirements may be changed from time to time by resolution of the township board.
(Ord. No. O-032612-1, § 1, 3-26-2012)
Any building or structure erected, altered, enlarged, rebuilt or moved, or any use carried on in violation of any provisions of this article is hereby declared to be a nuisance per se. Any court of competent jurisdiction may order such nuisance abated and the owner guilty of maintaining a nuisance per se.
(Ord. No. O-032612-1, § 1, 3-26-2012)
ADMINISTRATION AND ENFORCEMENT2
Editor's note— Ord. No. O-032612-1, § 1, adopted March 26, 2012, amended Article III in its entirety to read as herein set out. Former Article III, §§ 78-61—78-66, pertained to similar subject matter. See Code Comparative Table.
The provisions of this article shall be administered and enforced by a zoning administrator, who shall be designated by the township board, and who shall have the duties andresponsibilities set forth herein. In the absence of such appointed zoning administrator such duties shall be performed by the building inspector.
(Ord. No. O-032612-1, § 1, 3-26-2012)
Cross reference— Officers and employees, § 2-91 et seq.
The zoning administrator shall administer and enforce the provisions of this article; and shall be responsible for the inspection of buildings or premises necessary to carry out its enforcement of this article. The zoning administrator shall also:
(1)
Assist in determining what zoning requirements and procedures apply to proposed land use changes.
(2)
Assist in the completion of required permit application forms.
(3)
Post all required notices of meetings and public hearings concerning the administration of this article.
(4)
Review and investigate all zoning approval applications to determine compliance with the provisions of the article, and forward applications to the planning commission, zoning board of appeals, and township board for consideration, as applicable.
(5)
Identify, monitor and control nonconforming uses.
(6)
Investigate alleged violations of the article and enforce corrective measures when required.
(7)
Keep current the zoning map, text and records, record all amendments, and retain all official documents.
(8)
Periodically report to the township board and the planning commission on the status of zoning administration in the township and proposed solutions to any problems encountered in the administration of this article.
(9)
Receive, review and take action on applications for zoning compliance permits, as provided herein.
(Ord. No. O-032612-1, § 1, 3-26-2012)
(a)
Zoning compliance permit required. Except as otherwise provided in this article, it shall be unlawful to construct, reconstruct, erect or expand any building or structure, except for permitted accessory buildings not exceeding 200 square feet in area, or change the type of use of any land or building, unless a zoning compliance permit verifying that the location, dimensions, use and zoning approval status of the proposed building or structure or the proposed use of land complies with the provisions of this article has been issued by the zoning administrator. In those instances where the property owner claims that the building or structure is exempt from the requirements of this chapter, for reasons other than as set forth in this chapter, then, prior to construction, the property owner shall notify the building official of the planned construction and the reasons for the claim of exemption and shall receive written acknowledgement from the building official. The building official shall have ten business days in which to respond.
(b)
Plot plan required. A request for issuance of a zoning compliance permit shall be accompanied by a graphic plan, drawn to scale, showing the following:
(1)
The shape, location, dimensions and required setbacks of the lot.
(2)
)The shape, size, height and location of all buildings or other structures to be constructed, erected, expanded, altered or moved, and of any building or other structures already on the lot.
(3)
The existing and intended use of the lot and of all structures upon it.
(4)
Any other information concerning the lot or adjoining lots as may be necessary to ascertain compliance with the provisions of this article.
(c)
Issuance of zoning compliance permit. An application for a zoning compliance permit shall be reviewed and acted upon by the zoning administrator as follows:
(1)
Upon receipt of a request for a zoning compliance permit, the zoning administrator shall examine the plans in detail, and shall issue a zoning compliance permit if the plans are in compliance with the provisions of this article. If the zoning administrator denies the permit, the reason for denial shall be communicated in writing to the applicant.
(2)
A zoning compliance permit shall not be issued until any applicable fee, as established by resolution of the township board, has been paid in full.
(3)
Issuance of a zoning compliance permit shall in no case be construed as waiving any provision of this article.
(4)
A zoning compliance permit shall be valid for a period of one year from date of issuance. Extensions of up to one year may be granted by the zoning administrator when the proposed construction or use remains in compliance with the provisions of this article, as amended.
(Ord. No. O-032612-1, § 1, 3-26-2012; Ord. No. O-05-13-24-1, § 1, 5-13-2024)
A person who violates any provision of this article shall be punished in accordance with section 1-7.
(Ord. No. O-032612-1, § 1, 3-26-2012)
The building inspector and the zoning administrator, if a zoning administrator is appointed, or either of them, are hereby authorized to issue and serve appearance tickets (as defined in Section 9f of Chapter IV of Public Act No. 175 of 1927 (MCL 764.9f, MSA 28.868(6)), as amended, on persons whom they have reasonable cause to believe have violated the provisions of this article.
(Ord. No. O-032612-1, § 1, 3-26-2012)
(a)
For each zoning action, review, permit, or other activity required or permitted under this article, fees and costs shall be paid and escrowed to the township clerk.
(b)
The township board shall by resolution establish fees for the administration of this article, including all activities described above. A list of current fees shall be available for review by the public during township office hours at the Township Hall. The applicant shall pay all applicable fees upon the filing of any application, any proposed site plan, or any other request or application under this article. In addition to regularly established fees, the township board may also require an applicant to submit to the township (prior to township review of an application, proposed site plan, or other request) an amount of money determined by the township to be a reasonable estimate of the fees and costs which may be incurred by the township in reviewing and acting upon any such application or related matter (the escrow amount). The township may charge the applicant for all reasonable costs incurred by the township during and in connection with the review process and other related proceedings, whether or not the application is granted either in whole or in part. These costs may include, but shall not be limited to, township engineering fees, township attorney fees, township planning fees, fees and costs for services of outside consultants, fees and costs of other professionals who may assist the township, fees and costs for studies and reports pertaining to the matters in question, special meeting costs and other reasonable costs and expenses. The escrow amount shall be retained by the township for reimbursement of those costs. Any balance of the escrow amount that is not used or spent by the township shall be refunded. The fees, costs and escrow amount requirements may be changed from time to time by resolution of the township board.
(Ord. No. O-032612-1, § 1, 3-26-2012)
Any building or structure erected, altered, enlarged, rebuilt or moved, or any use carried on in violation of any provisions of this article is hereby declared to be a nuisance per se. Any court of competent jurisdiction may order such nuisance abated and the owner guilty of maintaining a nuisance per se.
(Ord. No. O-032612-1, § 1, 3-26-2012)