The provisions of this chapter 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 chapter.

(Ord. of 3-28-1988, § 1900)

(a)

The zoning administrator shall have the power to grant zoning compliance permits, 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 administrator to approve any plans or issue any permits for any excavation or construction until he has inspected such plans in detail and found them to conform with this chapter.

(b)

Under no circumstances is the zoning administrator permitted to make changes to this chapter, nor to vary the terms of this chapter in carrying out his duties as zoning administrator.

(c)

The zoning administrator shall not refuse to issue a permit when conditions imposed by the chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of such permit.

(Ord. of 3-28-1988, § 1901)

Applications for zoning compliance permits shall be so accompanied by plans and specifications, including a plot plan, as required by the zoning administrator, which may include 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 chapter are being observed.

(Ord. of 3-28-1988, § 1902)

The following shall apply in the issuance of any permit:

(1)

Compliance with chapter required. 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 chapter.

(2)

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 zoning compliance permit is first obtained for the new or different use.

(3)

For new use of buildings. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a zoning compliance permit is first obtained for the new or different use.

(4)

Required. No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a zoning compliance permit and a building permit (issued by the county) 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 except for minor repairs or changes not involving any of such features.

(Ord. of 3-28-1988, § 1903)

No land, building or part thereof shall be occupied by or for any use unless and until a zoning compliance permit shall have been issued for such use. The following shall apply in the issuance of any permit:

(1)

Compliance with chapter required. No zoning compliance permits shall be issued for any building, structure or part thereof, or for the use of any land, which is not in accordance with all the provisions of this chapter.

(2)

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 zoning compliance permit of occupancy shall have been issued for such building or structure.

(3)

For existing buildings. Zoning compliance permits shall be issued for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, it is found that such buildings, structures, or parts thereof, or such use of land, are in conformity with the provisions of this chapter.

(4)

Record. A record of all permits 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)

For dwelling accessory buildings. Buildings or structures accessory to dwellings shall not require separate zoning compliance permits but may be included in the zoning compliance permit for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

(6)

Application.

a.

Application for zoning compliance permits shall be made in writing to the zoning administrator on forms furnished by the village, and such permits shall be issued within ten 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 chapter.

b.

In those instances where special approval by the planning commission or board of appeals is required or where site plan review by the planning commission is required, permits shall be issued or rejected within ten days after action by the planning commission or board of appeals.

c.

If such permit is rejected, the applicant therefor shall be notified of such rejection and cause thereof within such ten-day period.

(Ord. of 3-28-1988, § 1904)

The holder of every zoning compliance permit for the construction, erection, alteration, repair or moving of any building structure or part thereof shall notify the zoning administrator immediately upon the completion of the work authorized by such permit, for a final inspection.

(Ord. of 3-28-1988, § 1905)

Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter may be collected by the zoning administrator in advance of issuance. The amount of such fees shall be established by resolution of the village council and shall cover the cost of inspection and supervision resulting from enforcement of this chapter.

(Ord. of 3-28-1988, § 1906)

For uses making reference to this division, and in all applications for special approval or special land uses, notice of the public hearing before the planning commission shall be given as follows:

(1)

One notice of the public hearing shall be published in newspaper of general circulation in the village not less than five and not more than 15 days before such hearing.

(2)

One notice of the public hearing shall be sent by first class mail, postage prepaid or by personal delivery to the owners of the property for which the hearing is conducted, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet of the boundary of such property. Notice shall be given not less than five and not more than 15 days before such hearing. 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 the structure, except that if a structure contains more than one dwelling unit or special area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or special area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct special 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 a notice at the primary entrance to the structure.

(Ord. of 3-28-1988, § 1907)

The village planning commission is designated as the commission specified in section 4 of Public Act No. 207 of 1921 (MCL 125.584), and shall perform the zoning duties of such commission as provided in the statute in connection with the amendment of this chapter.

(Ord. of 3-28-1988, art. XXI)

The village council may, from time to time, on recommendation from the planning commission or on petition, amend, supplement or change the district boundaries or the regulations in this chapter, or subsequently established in this chapter pursuant to the authority and procedure established in Public Act No. 207 of 1921 (MCL 125.581 et seq.), as amended.

(Ord. of 3-28-1988, art. XXII)

State Law reference— Enactment of ordinances, MCL 125.584.

The zoning ordinance, adopted by the village, known as Ordinance No. 71 is hereby amended. This amendment of such ordinance and its amendments does not affect or impair any act done, offense committed or right accruing, accrued, or acquired or liability, penalty, forfeiture or punishment incurred prior to the time enforced, prosecuted or inflicted.

(Ord. of 3-28-1988, art. XXIII)

In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance other than Ordinance No. 71 described in section 46-51, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.

(Ord. of 3-28-1988, art. XXIV)

Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and, they are declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.

(Ord. of 3-28-1988, art. XXV)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. The zoning administrator shall commence action on behalf of the village when an alleged violation has occurred.

(Ord. of 3-28-1988, § 2600)

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions thereof is declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(Ord. of 3-28-1988, § 2601)

State Law reference— Similar provisions, MCL 125.587.

The owner of any building, structure or premises, or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense.

(Ord. of 3-28-1988, § 2602)

The rights and remedies provided in sections 46-54—46-56 are cumulative and in addition to any other remedies provided by law.

(Ord. of 3-28-1988, § 2604)

(a)

Members. There is established a zoning board of appeals, which shall perform its duties and exercise its powers as provided in section 5 of Public Act No. 207 of 1921 (MCL 125.585), as amended, and in such a way that the objectives of this chapter shall be observed, public safety secured and substantial justice done. The board shall consist of not less than five members, appointed by the village council, each to be appointed for a term of three years, respectively, so as nearly as may be possible to provide for the appointment of an equal number each year, depending on the number of members; thereafter, each member to hold office for the full three-year term. Any vacancies on the board shall be filled by appointment by the council for the remainder of the unexpired term. The zoning board of appeals shall annually elect its own chair, vice-chair and secretary. The compensation of the appointed members of the zoning board of appeals may be fixed by the village council.

(b)

Alternate members. The council may appoint no more than two alternate members of the zoning board of appeals who shall serve as a member of the board upon the call of the chair where a regular member is absent from or unable to attend two or more consecutive meetings of the board or for a period of 30 consecutive days. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights in cases he hears as a regular member of the board of appeals. Appointments of alternate members for the first year shall be for a period of one and two years, respectively; thereafter, each alternate member to hold office for the full three-year term.

(Ord. of 3-28-1988, § 2000)

Meetings of the board of appeals shall be held at the call of the chair and at such other times as the board may determine or specify in its rules of procedure. Four members of the board shall constitute a quorum necessary to take action. All hearings conducted by such board shall be open to the public. The board of appeals shall adopt its own rules of procedure and keep a record of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall file a record of its proceedings in the office of the village clerk, and shall be a public record. The concurring vote of the majority of the members of the board shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, or planning commission, or to decide in favor of an applicant a matter upon which the board is required to pass under this chapter, or to affect a variation in this chapter.

(Ord. of 3-28-1988, § 2001)

(a)

An appeal may be taken to the board of appeals by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision of the zoning administrator or planning commission. Such appeal shall be taken within 30 days of the decision or action of the zoning administrator, or planning commission, by filing with the board of appeals a notice of appeal, specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken, and such appeal shall be heard at the next regularly scheduled board of appeals meeting, or within 20 days of the filing of the notice of appeals, whichever occurs first.

(b)

The board shall give due notice of the time and place of the hearing thereof to the applicant, the zoning administrator, and other parties as provided in section 46-88 and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. The decision of such board should not become final until the expiration of five days from the entry of such order unless the board shall find the immediate effect of such order is necessary for the preservation of the property or personal rights and shall so certify on the record.

(Ord. of 3-28-1988, § 2002)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board of appeals after 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 the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by the circuit court, on application, on notice of the zoning administrator and on due cause shown.

(Ord. of 3-28-1988, § 2003)

The village council may from time to time prescribe and amend, by resolution, a reasonable schedule of fees to be charged to applicants for appeals to the zoning board of appeals. At the time the notice for appeal is filed, such fee shall be paid to the secretary of the board of appeals, which the secretary shall forthwith pay over to the village treasurer to the credit of the general revenue fund of the village.

(Ord. of 3-28-1988, § 2004)

The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property, not to make any change in the terms of this chapter nor to permit any use in a district in which it is not permitted. The board does have power to act on those matters where this chapter provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and state laws. Such powers include the following:

(1)

Administrative review.

a.

To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the zoning administrator or planning commission in carrying out or enforcing any provisions of this chapter except in regard to special land uses and special approval uses.

b.

Determine the location of zoning district boundaries as shown on the zoning districts map where street layout on the ground varies from the street layout as shown on such map, based upon interpretation of the provisions of this chapter in such a way as to carry out the intent and purpose of the village master plan.

(2)

Variance. To authorize, upon an appeal, a variance from the strict application of the provisions of this chapter where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting a variance, the board may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this chapter. In granting a variance, the board shall state the grounds upon which it justifies the granting of a variance.

(3)

Exceptions and special approvals. To hear and decide, in accordance with the provisions of this chapter, requests for exceptions or other decisions on which this chapter specifically authorizes the board to pass. Any exception or decision shall be subject to such conditions as the board may require to preserve and promote the character of the district in question and otherwise promote the purpose of this chapter, including the following:

a.

Permit the erection and use of buildings or use of premises for public utility purposes and make exceptions therefor to the height and bulk district requirements established in this chapter which such board considers necessary for the public convenience or welfare.

b.

Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.

(4)

Temporary uses or structures.

a.

Permit temporary buildings and uses for periods not to exceed two years in undeveloped sections of the village and for periods not to exceed six months in developed sections. Such uses must be classified as uses permitted in the districts in which located.

b.

Permit, upon proper application, the following character of temporary use, not otherwise permitted in the district, not to exceed 12 months with the granting of 12-month extensions being permissible: uses which do not require the erection of any capital improvement of a structural nature. The board of appeals, in granting permits for such temporary uses, shall do so under the following conditions:

1.

The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.

2.

The granting of the temporary use shall be granted, in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of such temporary permit.

3.

All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the village shall be made at the discretion of the board of appeals.

4.

Uses not requiring capital improvements may include recreation developments such as, but not limited to, golf, driving ranges or outdoor archery or uses housed in demountable structures or not requiring foundations, heating systems or sanitary connections.

5.

The use shall be in harmony with the general character of the district.

(5)

Findings. In consideration of all actions, the board shall, before making any decisions, first determine that the proposed action will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the village.

(Ord. of 3-28-1988, § 2005)

In exercising the powers described in this division, the board of appeals may reverse or affirm wholly or partly, or may modify the orders, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the zoning administrator or planning commission from whom the appeal is taken.

(Ord. of 3-28-1988, § 2006)

The board of appeals shall make no determination except in a specific case and after a hearing conducted by such board. The board shall fix a reasonable time for the hearing of the appeal and give ten days' notice of the appeal to the persons to whom real property within 300 feet of the premises in question is assessed, and to the occupants of one-family and two-family dwellings within 300 feet, the notice to be delivered by mail addressed to the respective owners and tenants at the address given in the last assessment roll. If the tenant's name is not known, the term "occupant" may be used. A proof of service of such mailing shall be filed prior to the commencement of such hearing. The village council may also make the necessary provisions requiring the applicant to pay the costs required relative to such notices.

(Ord. of 3-28-1988, § 2007)

(a)

No order of the board of appeals permitting the erection of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(b)

No order of the board permitting the erection of a building shall be valid for a period longer than one year unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(Ord. of 3-28-1988, § 2008)