Charlevoix City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 153.020 ADMINISTRATIVE OFFICER.
The City Manager shall appoint a Zoning Administrator who shall be authorized to enforce the provisions of this chapter. Such official shall, for the purpose of this chapter, have the powers of a police officer.
(Prior Code, § 5.160)
§ 153.021 ZONING PERMITS.
(A) No building or structure shall be erected or installed on any lot unless, or until, a zoning permit has been issued by the city for such building or structure. No permit shall be issued by the city or any official thereof for the construction, erection, alteration, placing or moving of any building or structure on any parcel of land unless such building or structure is designed and the proposed location on its lot, or its intended lot, is arranged to conform with the provisions of this chapter; except that, no permit shall be required for alterations which do not result in change in height, floor area, lot coverage, location of walls or other structural alterations.
(B) All applicants for zoning permits shall pay the City Treasurer a fee according to the schedule as shall be prescribed by the City Council.
(C) The Zoning Administrator may require applicants to post approved zoning permits in a location easily visible to the public and adjoining property owners based on one or more of the following conditions:
(1) The permit authorizes a construction project requiring substantial excavation;
(2) The permit authorizes a construction project that has been controversial in the area it is located in or with the general public;
(3) The permit authorizes a major construction project; and
(4) The permit authorizes a construction project for a new primary building or use.
(D) Exempted from the zoning permit requirements are facial alterations, installation of siding, windows, doors, shingles and replacements of existing or deteriorated materials and ordinary maintenance repairs made on all dwellings and their related outbuildings. This exemption does not eliminate the necessity for compliance with other county, state or federal permitting requirements.
(E) Zoning permits shall expire two years from the date of issuance, unless substantial construction has begun.
(Prior Code, § 5.161)
§ 153.022 PROJECT STAKING AND INSPECTION.
(A) Prior to the issuance of a zoning permit, the applicant or their representative shall accurately stake the location of the parcel property lines and the location of the proposed construction such that the Zoning Administrator may, by use of a tape measure and horizontal measurements, confirm that the construction as staked is as represented on the applicant’s site plan which accompanies their application. On sloping sites, the lowest finished grade level shall be established on a grade stake which is offset from the construction such that it remains undisturbed during the course of the construction and may be used to check the final grade by the Zoning Administrator by means of a string line level.
(B) After issuing a zoning permit, the Zoning Administrator shall from time to time conduct inspections of construction for which a permit has been issued, as may be required to determine compliance with the permit.
(C) Prior to commencing any construction of improvements which are a part of a project approved with a special use permit such improvements shall be staked both horizontally and vertically such that the Zoning Administrator may verify that the improvements are located as shown on the approved site plan.
(D) At a minimum, inspections may be required at the following times:
(1) Prior to issuance of a zoning permit;
(2) Prior to commencement of construction of any site improvements which are a part of a special use permit; and
(3) After site preparation, but prior to construction of any foundation system.
(E) It shall be the duty of the applicant or its agent to notify the Zoning Administrator when work is ready for inspection. Such inspection shall be made within a reasonable time following notification giving due consideration to the Zoning Administrator’s work schedule and work load. Required inspections shall be deemed a requirement of a zoning permit or a special use permit even though the inspection requirement is not listed on the permit document.
(F) In the event the Zoning Administrator is unable to determine if parcel boundaries are accurately located or that proposed or actual construction is properly located on a parcel, the Administrator may require that the applicant have a survey of the parcel of proposed or actual work prepared by a registered land surveyor, at the applicant’s cost. Such survey shall be submitted to the Zoning Administrator for review and as a part of the applicant’s zoning file.
(G) Inspections on the part of the Zoning Administrator shall in no way absolve the applicant of responsibility for properly locating and undertaking construction in a manner which meets the requirements of this section of any permit issued in accord with this section, nor making any corrections to the construction which are necessary to meet the requirements of this section.
(Prior Code, § 5.162)
§ 153.023 ENFORCEMENT.
Any land, dwellings, buildings or structures used, erected, altered, razed or converted in violation of this chapter or in violation of any regulations, conditions, permits or other rights granted, adopted or issued pursuant to this chapter are hereby declared to be a nuisance per se.
(Prior Code, § 5.163)
§ 153.024 FEES AND ESCROW.
(A) To defray costs, which can reasonably be anticipated to exceed those normal costs covered by the application fee, related to the processing of applications for any type of discretionary decision authorized by this chapter, an escrow account with the city must be established and funded as provided in this section. Examples of these discretionary decisions include, but are not limited to, special use permits, planned unit developments, appeals to or requests for interpretations by the Zoning Board of Appeals, rezoning requests from individual property owners, variance applications and site plan review. Applications initiated by an employee or any board, commission or branch of the city shall not be subject to this section.
(B) If the Zoning Administrator determines that the application fee will not cover the actual costs of processing the application to a final decision or if the body reviewing the application determines that review of the application and/or participation in the review process or appeal by qualified professional planners, engineers, attorneys or other professionals is necessary, then the applicant shall deposit with the City Treasurer such additional zoning fees in an amount determined by the Zoning Administrator equal to the estimated additional costs. Any determination regarding whether additional zoning fees are needed shall consider the following factors:
(1) The complexity of the application, including all documents submitted with the application;
(2) The complexity of the subject matter of the application;
(3) Whether the application involves interpretations of this chapter for which there is no established interpretation;
(4) Whether the application involves legal issues or is of a complexity such that the assistance of legal counsel would be reasonably prudent; and
(5) Whether the application involves planning, engineering, traffic or other issues such that the assistance of a qualified professional would be reasonably prudent.
(C) The additional zoning fees shall be held in escrow in the applicant’s name and shall be used solely to pay these additional costs. If the amount held in escrow becomes less than 10% of the initial escrow deposit, or less than 10% of the latest additional escrow deposit, and review of the application or decision on the appeal is not completed, then the Zoning Administrator shall require the applicant to deposit additional fees into escrow in an amount determined by the Zoning Administrator to be equal to the estimated costs to complete processing the application to a final decision. Failure of the applicant to make any escrow deposit required under this chapter shall be deemed to make the application incomplete or the appeal procedurally defective and thereby cause the denial of the application or the dismissal of the appeal. Any unexpended funds held in escrow shall be returned to the applicant following final action on the application or the final decision on the appeal. Any actual costs incurred by the city in excess of the amount held in escrow shall be billed to the applicant and shall be paid by the applicant prior to the issuance of any permit or the release of a final decision on an appeal. The applicant, who has placed funds in escrow pursuant to this section, shall be entitled to an accounting of the expenditure of funds from the escrow account if an additional escrow deposit has been requested, if any, and at the time of the return of any unexpended funds. The request for an accounting shall be made in writing to the City Treasurer. The accounting shall consist of a listing of all expenditures made from the escrow fund and shall include the name of the payee, a summary of the services or costs included in the expenditures and the date of the services.
(Prior Code, § 5.164)