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Addison Township City Zoning Code

ARTICLE 27

- ADMINISTRATION AND ENFORCEMENT

Section 27.01.- Authorization.

The Addison Township Board is authorized and directed to enforce all provisions of this ordinance. It shall also appoint an administrative officer with the title of "building inspector" to perform the duties of enforcement of this ordinance pursuant to Section 27.04. The building inspector shall, for the purpose of this ordinance, have the powers of a police officer and may delegate authority to assistants.

Section 27.02. - Establishment of a planning commission.

The Addison Township Board, as of April 18, 1968, under Public Act No. 168 of 1959 (MCL 125.321 et seq.), as amended, did create and establish a planning commission to be known as the Addison Township Planning Commission with the power and authority to make, adopt, extend, add to or otherwise amend, and to carry out plans for the unincorporated portions of Addison Township, Oakland County, Michigan.

Section 27.03. - Membership.

Membership in said planning commission shall consist of seven (7) members all of whom shall be qualified electors and property owners in the township. One (1) member of the township board shall be a member of the planning commission. All members of the planning commission shall be appointed by the township supervisor with the approval of the township board. Members may be removed by the township supervisor, after a hearing, with the approval of the board. The term of each member of the planning commission shall be for three (3) years, except that of the members first appointed, one-third (⅓) shall serve for one (1) year, one-third (⅓) shall serve for two (2) years, and one-third (⅓) shall serve for three (3) years. A successor shall be appointed not more than one (1) month after the term of the preceding commission member has expired. All vacancies for unexpired terms shall be filled for the remainder of such terms. All powers, duties, and responsibilities provided under the state laws of Michigan and this ordinance shall be specifically assumed by the Addison Township Planning Commission.

Section 27.04. - Building inspector, appointment and duties.

The building inspector shall be appointed by the township board for such term, subject to such conditions and at such pay as the township board shall determine. The provisions of this ordinance shall be administered and enforced by said building inspector. The building inspector shall record all nonconforming uses existing at the effective date of this ordinance. The building inspector shall record all nonconforming uses existing at the effective date of this ordinance. Under no circumstances is the building inspector permitted to make changes to this ordinance or to vary the terms of this ordinance in carrying out his or her duties as building inspector.

1.

Administration and enforcement. The building inspector chosen by the township board shall administer and enforce this ordinance. If the building inspector shall find that any of the provisions of this ordinance are being violated, he or she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent the violation of its provisions.

2.

Duties and limitations of the building inspector. The building inspector shall have the authority to grant building permits, zoning compliance permits as recommended by the planner, and certificates of occupancy, and shall make inspections of buildings or premises necessary or as directed by resolution for other than residential type inspections to carry out his or her duties and the enforcement of this ordinance. It shall be unlawful for the building inspector to approve any plans or issue building permits for any excavation or construction or use until the building inspector inspected such plans and site in detail and has found them in compliance with this ordinance. To this end, the building inspector shall require that every application submit a zoning compliance permit for review by the planner for a building permit, for excavation, construction, moving, alteration, change in use or type of occupancy, be accompanied by a written statement and plans or plats drawn to scale showing the following in sufficient detail to enable the building inspector to ascertain whether the proposed work or use is in conformity with this ordinance:

a.

The actual shape, location and dimensions of the lot. If the lot is not a lot of record, sufficient survey data to locate the lot on the ground.

b.

The shape, size and location of all buildings or other structures to be erected, altered or moved, and of any other buildings or structures already on the lot.

c.

The existing and intended use of the lot and all structures upon it.

d.

Such other information concerning the lot or adjoining lots or other matters as may be essential for determining whether the provisions of this ordinance are being observed. If the proposed excavation, construction, moving, or alteration, or use of land as set forth in this application is in conformity with the provisions of this ordinance, the building inspector shall issue a zoning compliance permit. If an application for such permit is not approved, the building inspector shall state in writing the cause for such disapproval.

e.

The building inspector may accept a preliminary application without all the information listed above in situations where a basic clarification is desired before proceeding with further technical work.

f.

Issuance of a zoning compliance permit shall in no case be construed as waiving any provision of this ordinance. The building inspector is, under no circumstances, permitted to grant exceptions to the actual meaning of any clause, order, or regulation contained in the ordinance to any person making application to excavate, construct, move, alter or use either buildings, structures or land.

(Ord. No. 24-1, 4-15-2024)

Section 27.05. - Zoning compliance permits.

It shall be unlawful to begin excavating, constructing (building), moving, altering or repairing any structure, including accessory buildings, until the building inspector has issued a zoning compliance permit with a recommendation from the planner for such work, said permit including a certification of his opinion that the plans, specifications and intended use of such structure conforms in all respects to the provisions of this ordinance and the township building code. The term "altered" and the term "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the township building code, Housing Law of Michigan [Public Act No. 167 of 1917 (MCL 125.401 et seq.)], or this ordinance, except for minor repairs or changes not involving any of the aforesaid features. In addition, it shall be unlawful to change the use of land or use or occupancy of any building, or to extend any use on any lot on which there is a nonconforming use, until the building inspector has issued a zoning compliance permit. In all cases where a building permit is required, application for a zoning compliance permit shall be made coincident with the application for a building permit; in all other cases, a complete application shall be made not less than ten (10) business days prior to the time when a new or enlarged use of a building or premises or part thereof is intended to begin. This application shall be made in writing to the building inspector on forms provided by the township for that purpose. A record of all such applications shall be kept on file by the building inspector. Any zoning compliance permit issued under the provisions of this ordinance shall be valid for a period of six (6) months following the date of issuance thereof. When the building inspector receives an application for a zoning compliance permit which requires a board of appeals variance or other approval, the building inspector shall so inform the applicant.

(Ord. No. 24-1, 4-15-2024)

Section 27.06. - Fees.

Before any zoning compliance permit shall be issued, an inspection/review fee shall be paid in an amount fixed by a schedule established by the township board.

(Ord. No. 24-1, 4-15-2024)

Section 27.07. - Certificate of occupancy.

No building, structure or use for which a zoning compliance permit has been issued shall be used or occupied until the building inspector has issued a certificate of occupancy indicating that in his opinion all provisions of the ordinance have been complied with. The issuance of a certificate of occupancy shall in no case be construed as waiving any provisions of this ordinance.

Section 27.08. - Health and sanitation.

Regulations of the Oakland County Health Department and Michigan Health Department shall be used by the building inspector in his or her examination of matters involving health and sanitation. No outside toilets or privies shall be permitted. No basement or habitable room shall be located adjacent to any lake, stream or water flow area, or within a poorly drained area, unless the floor of the room or basement is above the high-water level.

Section 27.09. - Safety.

The building inspector may decree structures improper or unsafe for occupancy and may suspend construction, alteration or occupancy until the conditions are corrected. Violation of the building inspector's decree is punishable as described by this ordinance and the building code.

Section 27.10. - Liability for failure to obtain zoning compliance permit.

Before beginning or undertaking any work involving the use of land or the erection, alteration, changing, moving or remodeling of any building or structure, including tents and mobile homes, it shall be the affirmative duty of all architects, contractors, subcontractors, building and other persons having charge of the establishment to see that a proper permit has been granted and that such work does not conflict with and is not in violation of the terms of this ordinance. Any architect, building contractor, subcontractor or other person doing or performing any such work without permit or in violation of or in conflict with the permit issued shall be deemed guilty of violating this ordinance in the same manner and to the same extent as the owner of the premises, or the person or persons for whom such buildings are erected, repaired, altered, moved, changed or remodeled or for whom the use of land is established in violation hereof, and shall be subject to the same penalties prescribed for such violation. The building inspector shall determine whether the proposed improvement requires issuance of a permit based on the work involved.

Section 27.11. - Building permits.

No building or structure shall hereafter be erected or altered and no land shall be used until a permit shall be obtained by the owner of said building or land from the building inspector. The terms "altered" and "repaired" shall include the 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 building code, housing laws of Michigan or this ordinance, except for minor repairs or changes not involving any of the aforesaid features. Satisfactory evidence of ownership of the entire lot shall accompany all applications for permits under the provisions of this chapter. A careful record of such applications and plats shall be kept in the office of the building inspector.

1.

Plot plan. The building inspector 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 structures already on the lot.

c.

The existing and intended use of the lot and of all such structures on the lot, including, in residential areas, the number of dwelling units the building is intended to accommodate.

d.

The location, dimensions and depth of any proposed fill or excavation; proposed finished grade and drainage from buildings.

e.

Such information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this ordinance are being observed.

2.

Site plan. Where a site plan is required, the building inspector shall require approval by the township board after recommendation by the planning commission before a building permit is issued.

Section 27.12. - Certificate of occupancy.

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 certificates:

1.

Certificates not to be issued. No certificate of occupancy shall be issued for any building, structure or part thereof or for any use of any land, which is not in accordance with all the provisions of this ordinance.

2.

Application for certificate. Application for certificates of occupancy shall be made in writing to the building inspector on forms furnished by the township and such certificates shall be issued within five (5) 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 ordinance.

3.

Records of certificates. A record of all certificates of occupancy issued shall be kept on file in the office of the building inspector, and copies shall be furnished upon request to any person having a proprietary or tenant's interest in the property involved.

4.

In multiple dwelling districts. Temporary certificates of occupancy may be issued for individual building units until the total project is completed.

5.

Final inspection. The holder of every building permit for construction, erection, alteration, repair or moving of any building, structure, or part thereof, shall notify the ordinance enforcer immediately upon completion of the work authorized by such permit for a final inspection. Such final inspection shall be completed within five working days.

Section 27.13. - Complaints regarding violations.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof of the complaint and shall be filed with the building inspector. He or she shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance.