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Blissfield City Zoning Code

ARTICLE XV

ADMINISTRATION AND ENFORCEMENT

216.1500 - Qualifications of the zoning administrator.

Sec. 15.00. The Zoning Administrator shall be appointed by and serve at the pleasure of the Village Council. Duties, compensation, and responsibilities of the Zoning Administrator in addition to those specified in this section or elsewhere in this Ordinance may be established by resolution of the Village Council.

(Amended: 9-28-09)

216.1501 - Duties of zoning administrator.

Sec. 15.01. The Zoning Administrator shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this Ordinance. It shall be unlawful for the Zoning Administrator to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he or she has inspected such plans in detail and found them to conform with this Ordinance.

The Zoning Administrator shall record all non-conforming uses existing at the effective date of this Ordinance for the purpose of carrying out the provisions of Section 15.02 [216.1502].

Under no circumstances is the Zoning Administrator permitted to make changes to this Ordinance nor to vary the terms of this Ordinance in carrying out his duties as Zoning Administrator.

The Zoning Administrator shall not refuse to issue a permit when conditions imposed by this Ordinance are compiled with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permit.

(Amended: 9-28-09)

216.1502 - Enforcement.

Sec. 15.02. The provisions of this Ordinance shall be administered and enforced by the Zoning Administrator or by such deputies of his department as the Zoning Administrator may delegate to enforce the provisions of this Ordinance.

(Amended: 9-28-09)

216.1503 - Plot plan.

Sec. 15.03. The Zoning Administrator shall require that all applications for zoning compliance permits shall be accompanied by plans and specifications including a plot plan (a plot plan shall not be required where existing setbacks are not altered or the work is of an internal nature) in duplicate, drawn to scale, showing the following:

1.

The actual shape, location, and dimensions of the lot.

2.

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.

3.

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

4.

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

Plot plans shall be kept on file until the project is completed and a certificate of occupancy is issued.

(Amended: 9-28-09)

216.1504 - Permits.

Sec. 15.04. The following shall apply in the issuance of any permit:

1.

Permits Not to be Issued. No zoning compliance permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this Ordinance.

2.

Permits For New Use of Land. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different one.

3.

Permits For New Use of Building. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

4.

Permits Required. No building or structure, or part thereof, shall be hereafter erected, altered, moved, or repaired unless a zoning compliance permit shall have been first issued for such work. The terms "altered" and "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 Village of Blissfield, Building Code, Housing Law, or this Ordinance, except for minor repairs or changes not involving any of the aforesaid features.

(Amended: 9-28-09)

216.1505 - Certificates.

Sec. 15.05. 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 certificate:

1.

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

2.

Certificates Required. No building or structure, or parts thereof, which is hereafter erected, or altered, shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building or structure.

3.

Certificates Including Zoning. Certificates of occupancy as required by the Village Building Code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this Ordinance.

4.

Record of Certificates. A record of all certificates issued shall be kept on file in the office of the Zoning Administrator and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

5.

Certificates for Dwelling Accessory Buildings. Buildings or structures accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

(Amended: 9-28-09)

216.1506 - Fees.

Sec. 15.06. The Village Council may from time to time establish, by resolution, fees that shall cover the cost of review, recommendation, inspection and supervision resulting from the enforcement of this Ordinance. Such fees shall be collected for the following:

1.

Rezoning requests.

2.

Variance requests.

3.

Site plan review requests.

4.

Planned residential developments.

5.

Zoning Board of Appeals.

6.

Issuance of zoning compliance permits and certificates of occupancy.

7.

All special land use requests.

(Amended: 9-28-09)

216.1507 - Zoning notice (hearing) requirements.

Section 15.07.1

1.

All zoning application/hearing notices shall be published once in a newspaper of general circulation at least fifteen (15) days before the date of the meeting at which the application will be considered (or the hearing held, if a hearing is involved). (MCL 125.3103). The notice shall:

a.

Describe the nature of the zoning request/application/action.

b.

State the time, date and place of the meeting.

c.

Indicate the property that is the subject of the request. (If the request involves ten (10) or fewer adjacent properties, the notice must also include a list of all existing street addresses within the properties.)

d.

Indicate when and where written comments will be received concerning the request.

2.

If the notice is for Planning Commission or Village Council action to adopt an initial Zoning Ordinance, this is the only required notice.

3.

For all other zoning notices, if the request involves ten (10) or fewer adjacent properties (or the request is for a Zoning Board of Appeals interpretation of the Zoning Ordinance or appeal of an administrative decision regarding a specific parcel), the notice must also be sent by mail or personal delivery to:

a.

Owners of property for which the approval is being considered.

b.

All persons to whom real property is assessed within three hundred (300) feet of the property.

c.

Occupants of all structures within three hundred (300) feet of the property (regardless of whether the property or occupant is located in the Village). If the name of the occupant is not known, the term "occupant" may be used.

4.

Notice of a request for a Zoning Board of Appeals interpretation of the Zoning Ordinance or appeal of an administrative decision notice must also be sent to the person requesting the interpretation (MCL 125.3604).

(Amended: 9-28-09)

216.1508 - Performance bonds.

1.

Where in this Ordinance there is delegated to the Zoning Board of Appeals, Village Council or the Planning Commission the function of establishing certain physical site improvements as a contingency to securing a zoning amendment, site plan approval, special approval or variance, the Zoning Board of Appeals, Village Council or the Planning Commission may, to ensure strict compliance with any regulation contained herein or required as a condition of the issuance of a permit, require a cash, performance or surety bond executed by a reputable surety company authorized to do business in the state, or irrevocable letter of credit, in an amount determined by the Zoning Board of Appeals, Village Council or the Planning Commission to be reasonably necessary to ensure compliance hereunder; provided, however, that in fixing the amount of such cash, performance, surety bond or irrevocable letter of credit, consideration shall be given to the size and scope of the proposed improvement project, current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel the operator to comply by court decree, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application.

2.

The performance guarantee shall be deposited with the Village Council at the time of the issuance of the permit authorizing the activity or project.

3.

As used in this section, "improvements" means those features and actions associated with a project which are considered necessary by the body or official granting approval to protect natural resources or the health, safety and welfare of the residents of the Village and future users or inhabitants of the proposed project or project area, including but not limited to roadways, paving, walls, curbing, striping, lighting utilities, sidewalks, screening landscaping and drainage.

4.

A certificate of occupancy for any improvement will not be issued nor shall the property be used or occupied in any way until the required physical site improvements are fulfilled. In instances where all improvements as required by this Ordinance are not completed and a temporary certificate of occupancy is requested, the cost of such remaining improvements shall be estimated by the Zoning Administrator, taking into account the criteria listed above. The Zoning Administrator may grant temporary occupancy if use of the premises does not constitute a hazard or nuisance. Temporary occupancy will not be granted until satisfactory cash bond or irrevocable letter of credit in the amount of the estimated cost of completion is filed with the Village Council. If the work is not completed by the date specified on the temporary occupancy permit, the Village Council may use the cash, surety bond or irrevocable letter of credit to complete the improvements.

5.

Objection to a performance guarantee requirement must be in writing and filed with the Village Council within thirty (30) days of notice of the requirement. The determination of the Village Council shall be final.

(Amended: 9-28-09)

216.1509 - Conditional rezoning.

1.

An owner of land may voluntarily offer in writing and the Village Council may approve certain use and development of the land as a condition to the rezoning of the land or an amendment to the zoning map as provided in Act 110 of 2006, The Michigan Zoning Enabling Act.

2.

In approving the conditions offered by the owner of land, Village Council may establish a time period during which the conditions apply to the land. The Village Council shall not add to or alter the approved conditions during the time period specified.

3.

If the approved conditions are not satisfied within the time period specified under this subsection, the land shall revert to its former zoning classification although the time period specified may be extended upon application by the land owner and approved by the Village Council.

4.

A landowner shall not be required to offer any conditions by the Village as a requirement for rezoning.

(Amended: 9-28-09)