It is the purpose of this article to provide the procedures for the administration of this chapter, issuance of permits, inspection of properties, collection of fees, handling of violators and enforcement of the provisions of this chapter and amendments thereto.

(Ord. of 6-9-2010, § 6.1)

Except when herein otherwise stated, the provisions of this chapter shall be administered by the zoning inspector or by such deputies of his department as the township board may designate to enforce the provisions of this chapter.

(Ord. of 6-9-2010, § 6.2)

(a)

The zoning inspector shall have the power to grant zoning compliance permits and certificates of occupancy and to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the zoning inspector to approve plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this chapter, nor shall the zoning inspector vary or change any terms of this chapter.

(b)

If the zoning inspector shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of any lot or structures, removal of illegal 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 chapter to ensure compliance with or to prevent violation of its provisions.

(c)

The zoning inspector shall submit to the planning commission and the township board quarterly reports fully explaining the type and nature of uses permitted by right; the nature and extent of violations of this chapter; and the type and nature of nonconforming uses, buildings and structures. The zoning inspector shall maintain a record of all zoning compliance permits and certificates of occupancy.

(Ord. of 6-9-2010, § 6.3)

(a)

Issuance.

(1)

No building or structure, or part thereof, shall hereafter be located, erected, constructed, reconstructed, altered, converted, or enlarged or moved, nor shall any change be made in the use of any building, structure or land without a zoning compliance permit having been obtained from the zoning inspector for such building, structure or land. A zoning compliance application shall be filled out and submitted to the zoning inspector.

(2)

The zoning inspector shall require that all applications for zoning compliance permits shall be accompanied by plans and specifications including a plot plan in duplicate drawn to scale, showing the following information:

a.

The actual dimensions and shape of the lot to be built upon;

b.

The exact size and location of existing structures on the lot, if any; and

c.

The location and dimensions of the proposed structure or alteration.

(3)

One copy of the plans shall be returned to the applicant by the zoning inspector after such copy has been approved or disapproved, and attested to same by the zoning inspector's signature on such copy. The zoning inspector shall retain the original copy, similarly marked, for his files. Whenever the buildings, structures and uses as set forth in the application are in conformity with the provisions of this chapter, the zoning inspector shall issue the applicant a zoning compliance permit within ten days of the filing thereof. Where action of the zoning board of appeals or the planning commission is required in any case, as set forth in this article, the zoning inspector shall issue such permit promptly following such action.

(b)

Voiding of permit. Any zoning compliance permit granted under this chapter shall become null and void and fees forfeited unless construction and/or use is completed within 545 days of the date of issuance. A zoning compliance permit shall be renewable upon reapplication and upon payment of the fee, subject however, to the provisions of all ordinances in effect at the time of renewal.

(Ord. of 6-9-2010, § 6.4)

(a)

Issuance of certificate; final inspection.

(1)

No building or structure, or part thereof, shall be occupied by or for any use for which a zoning compliance permit is required by this chapter unless and until a certificate of occupancy shall have been issued for such use. The holder of a zoning compliance permit for the construction, erection or moving of any building, structure or part thereof, for the establishment of a use, shall make application to the building inspector immediately upon the completion of the work authorized by the zoning compliance permit for a final inspection.

(2)

A certificate of occupancy shall be issued by the building inspector within five days after receipt of such application if it is found that the building or structure, or part thereof, is in accordance with the provisions of this chapter.

(b)

Voiding of certificate. Any certificate of occupancy granted under this chapter shall become null and void if such use, buildings or structure for which said certificate was issued is found by the zoning inspector to be in violation of this chapter. The zoning inspector, upon finding such violation, shall immediately notify the township board of said violation and void the certificate of occupancy.

(Ord. of 6-9-2010, § 6.5)

The township board shall establish a schedule of fees, charges and expenses, and a collection procedure for zoning compliance permits, certificates of occupancy, appeals and other matters pertaining to such charges. The schedule of fees shall be posted in the office of the zoning inspector, and may be altered or amended only by the township board. No permit, certificate, conditional use on approval or variance shall be issued unless or until such costs, charges, fees or expenses listed in this chapter have been paid in full; nor shall any action be taken on proceedings before the zoning board of appeals, unless or until preliminary charges and fees have been paid in full.

(Ord. of 6-9-2010, § 6.6)

State Law reference— Zoning permits and fees, MCL 125.3406.

Uses of land and dwellings, buildings or structures including tents and trailer coaches used, erected, altered, razed or converted in violation of any provision of this chapter are hereby declared to be a nuisance per se. The court shall order such nuisance abated and the owner and/or agent in charge of such dwelling, building, structure, tent, trailer coach or land shall be adjudged responsible for maintaining a nuisance per se the fines and penalties for which are as follows:

(1)

Violation of this chapter is a municipal civil infraction, for which the fine shall be not less than $50.00 nor more than $500.00 for the first offense and not less than $100.00 nor more than $2,500.00 for subsequent offenses, in the discretion of the court, and such fine shall be in addition to all other costs, attorney fees, damages, expenses, and other remedies as provided by law. For purposes of this section, "subsequent offense" means a violation of the provisions of this chapter committed by the same person for the same property within 12 months of a previous violation of the same provision of this chapter for which said person admitted responsibility or was adjudicated to be responsible, provided, however, that offenses committed on subsequent days within a period of one week following the issuance of a citation for a first offense shall be considered separate first offenses.

(2)

In addition to pursuing a municipal civil infraction proceeding pursuant to subsection (1) hereof, the township may also instate an appropriate action in a court of competent jurisdiction seeking injunctive, declaratory, or other equitable relief to enforce or interpret this chapter or any provision of the chapter.

(3)

All remedies available to the township under this chapter and Michigan law shall be deemed to be cumulative and not exclusive.

(4)

Any use of land that is commenced or conducted, any activity, or any building, item or structure that is erected, moved, used, place, reconstructed, razed, extended, enlarged, altered, maintained, or changed, in violation of any provision of this chapter is also hereby declared to be a nuisance per se.

(5)

Each and every day during which a violation of this chapter shall exist shall be deemed to be a separate offense.

(6)

Any person, firm or entity that assists with or enables the violation of this chapter shall be responsible for aiding and abetting, and shall be considered to have violated the provision of this chapter involved for which such aiding and abetting occurred. Furthermore, any attempt to violate this chapter shall be deemed a violation of the provision of this chapter involved as if the violation had been successful or completed.

(Ord. of 6-9-2010, § 6.7; Ord. No. 19-10, 11-13-2019)

State Law reference— Certain violations as nuisance per se, MCL 125.3407.

There is hereby established a zoning board of appeals, which shall perform its duties and exercise its powers as provided in this chapter in such a way that the spirit of this chapter shall be observed, the public health and safety secured, general welfare ensured and substantial justice done.

(Ord. of 6-9-2010, § 7.1)

The zoning board of appeals shall hear and decide only such matters as the zoning board of appeals is specifically authorized to pass on as provided in this article. The zoning board of appeals shall not have the power to alter or change the zoning districts' classification of any property, nor to make any changes in the terms of this chapter; but does have the power to authorize a variance as defined in this chapter, to act on those matters where this chapter may require an interpretation and to issue a temporary use permit when authorized by this chapter. In addition, the zoning board of appeals shall hear and decide any appeals from the township board on any application for a conditional use permit.

(Ord. of 6-9-2010, § 7.2)

(a)

The zoning board of appeals may authorize, upon an appeal, a variance from the strict applications of the provisions of this chapter where by reason of exceptional narrowness, shallowness, shape or contour of a specific tract of land at the time of enactment of this chapter or by reason of exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to the owner of such property. No variance shall be granted to permit the establishment within a district of any use which is excluded or for which a conditional use permit is required.

(b)

A variance from the terms of this chapter shall not be granted by the zoning board of appeals unless and until:

(1)

A written application for a variance is submitted, demonstrating practical difficulty by showing the following:

a.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.

b.

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

c.

That the special conditions and circumstances do not result from the actions of the applicant.

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

e.

That no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

(2)

The zoning board of appeals shall determine that the requirements of the chapter have been met by the applicant for a variance.

(3)

The zoning board of appeals shall determine that the reasons set forth in the application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

(4)

The zoning board of appeals shall determine that the granting of the variance will be in harmony with the general purpose and intent of this chapter, so that public health and safety are secured, general welfare is ensured and substantial justice is done.

(5)

In granting any variance, the zoning board of appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

(6)

Each variance granted under the provisions of this article shall become null and void unless:

a.

The construction authorized by such variance or permit has been commenced within 180 days after the granting of such variance and pursued diligently to completion; or

b.

The occupancy of land or buildings authorized by such variance has taken place within 180 days after the granting of such variance.

(7)

No application for a variance which has been denied wholly or in part by the zoning board of appeals shall be resubmitted for a period of 365 days from such denial, except on grounds of new evidence or proof of changed conditions found by the zoning board of appeals to be valid.

(Ord. of 6-9-2010, § 7.3)

The zoning board of appeals shall hear and decide appeals where it is alleged by the applicant there is an error in any order, requirement, permit, decision or refusal made by the zoning inspector or any other administrative official in carrying out or enforcing any provisions of this chapter including interpretations of the zoning map.

(Ord. of 6-9-2010, § 7.4)

(a)

Appeals, how taken. Appeal from the ruling of the zoning inspector, the planning commission or the township board concerning the enforcement of the provisions of this chapter may be made to the zoning board of appeals within such time as shall be prescribed by the zoning board of appeals by general rule, by the filing with the officer from whom the appeal is taken. This officer shall forthwith transmit to the zoning board of appeals all the papers constituting the record upon which the action appealed was taken.

(b)

Who may appeal. Appeals to the zoning board of appeals may be taken by any person aggrieved or by any officer, department, board, agency or bureau of the township, village, city, county or state.

(c)

Fee for appeal. A fee prescribed by the township board shall be paid to the zoning board of appeals at the time of filing the notice of appeal which the zoning board of appeals shall pay over within 30 days after deciding any appeal, to the general fund of the township.

(d)

Effect of appeal; restraining order. An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the zoning board of appeals after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed other than by restraining order which may be granted by the zoning board of appeals or by the circuit court, on application of notice to the officer from whom the appeal is taken and on due cause shown.

(e)

Notice of hearing. When a request for an appeal has been filed in proper form with the zoning board of appeals, the zoning board of appeals' secretary or the township clerk shall immediately place the said request for appeal upon the calendar for hearing, and cause notice to be given according to the requirements of the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and division 3 of this article.

(f)

Representation at hearing. Upon the hearing, any party or parties may appear in person or by agent or by attorney.

(g)

Decisions of the zoning board of appeals and appeals to the circuit court. The zoning board of appeals shall decide upon all matters within a reasonable time. If the demand for appeal is for a variance, the zoning board of appeals shall grant, grant with conditions or deny the application. The zoning board appeals may reverse or affirm, wholly or partly or modify the order, requirement, decision or determination and may issue or direct the issuance of a permit. A majority vote of the membership of the zoning board of appeals is necessary to grant a variance and rule on an interpretation of this chapter. The decision shall be in writing and reflect the reasons for the decision.

(1)

At a minimum, the record of the decision shall include:

a.

Formal determination of the facts;

b.

The conclusions derived from the facts (reasons for the decision);

c.

The decision.

(2)

Within eight days of the decision, the record of the decision shall be certified and a copy delivered by first class mail to the person demanding the appeal, the administrator and other parties.

(3)

Any person aggrieved by such decision shall have a right to appeal to the circuit court within 30 days of the certified decision of the zoning board of appeals, as provided by law.

(Ord. of 6-9-2010, § 7.5)

All applications for development approval requiring a public hearing shall comply with the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and the other provisions of this article with regard to public notification.

(1)

Responsibility. When the provisions of this article or the Michigan zoning enabling act require that notice be published, the township clerk shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the township and mailed or delivered as provided in this section.

(2)

Content. All mail, personal and newspaper notices for public hearings shall:

a.

Describe the nature of the request. Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation or other purpose.

b.

Location. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for a zoning amendment, or rezoning or when the request is for an ordinance interpretation not involving a specific property.

c.

When and where the request will be considered. Indicate the date, time and place of the public hearing.

d.

Written comments. Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel.

(3)

Personal and mailed notice.

a.

Generally. When the provisions of the ordinance from which this article is derived or state law require that personal or mailed notice be provided, notice shall be provided to:

1.

The owners of property for which approval is being considered and the applicant, if different than the owner of the property.

2.

Except for a zoning amendment, or rezoning, requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property, to all persons to whom real property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the township. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

3.

All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to section 36-676.

4.

Other governmental units or infrastructure agencies within one mile of the property involved in the application.

b.

Notice by mail/affidavit. Notice shall be deemed mailed by its deposit in the First Class United States mail, properly addressed, postage paid. The township clerk shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.

(4)

Timing of notice. Unless otherwise provided in the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), or this article where applicable, notice of a public hearing shall be provided as follows:

a.

For a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, appeal or ordinance interpretation: not less than 15 days before the date the application will be considered for approval.

b.

For any other public hearing required by this article: not less than five days before said hearing.

(Ord. of 6-9-2010, § 8.1)

(a)

Generally. Any neighborhood organization, public utility company, railroad or any other person may register with the township clerk to receive written notice of all applications for development approval pursuant to section 36-675(3) or written notice of all applications for development approval within the zoning district in which they are located. The township clerk shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by the township board.

(b)

Requirements. The requesting party must provide the township clerk information on an official form to ensure notification can be made. All registered persons must re-register annually to continue to receive notification pursuant to this section.

(Ord. of 6-9-2010, § 8.2)

The township board may, from time to time, on recommendation from the planning commission or on its own motion amend, modify, supplement or revise the district boundaries or the provisions and regulations herein established so that public health and safety are secured, general welfare is ensured and substantial justice is done. Said amendment may be initiated by resolution of the township board, the planning commission or by petition of one or more owners of property to be affected by the proposed amendment. Except for the township board or the planning commission, the petitioner requesting an amendment shall at the time of application pay the fee established by resolution of the township board, no part of which shall be returnable to the petitioner.

(Ord. of 6-9-2010, § 9.1)

The procedure for making amendments to this division shall be in accordance with this chapter.

(Ord. of 6-9-2010, § 9.2)

Any amendment for the purpose of conforming a provision thereof to the decree of a court of competent jurisdiction shall be adopted by the township board and the amendments published without referring the same to any other board or agency.

(Ord. of 6-9-2010, § 9.3)