The purpose of this division is to provide the procedures for the administration of this chapter. Included are the procedures for the issuance of permits, inspection of properties, collection of fees, handling of noncompliance and enforcement of the provisions of this chapter.

(Ord. No. 94-04, § 6.10, 9-7-94)

Except where otherwise stated, the provisions of this chapter shall be administered by the zoning inspector. The zoning inspector may also perform the duties of a building inspector.

(Ord. No. 94-04, § 6.20, 9-7-94)

(a)

The zoning inspector shall have the power to grant zoning compliance permits and certificates of occupancy and issue zoning noncompliance notices. The zoning inspector will also make inspections of buildings or premises necessary to enforce this chapter and will issue noncompliance notices for building or premises. 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. The zoning inspector shall not vary or change any terms of this chapter.

(b)

If the zoning inspector finds that any of the provisions of this chapter are being violated, he shall notify the property owner by certified letter of the violation. The letter will include but shall not be limited to the following:

(1)

The name of the property owner.

(2)

The sections of this chapter with which such person is in noncompliance.

(3)

Methods or procedures to be followed to correct the noncompliance.

(4)

A limit of 21 days from the date of receipt of the certified letter to comply with this chapter before additional penalties may be assessed.

Copies of the letter will be forwarded to the village attorney, the chairman of the village council and the chairman of the village planning commission.

(c)

The zoning inspector shall maintain records fully explaining the type and nature of uses permitted by right, and the nature and extent of violations of this chapter. The zoning inspector shall maintain a record of all zoning compliance permits and certificates of occupancy and notices of noncompliance.

(Ord. No. 94-04, § 6.30, 9-7-94)

(a)

Required; application; issuance.

(1)

A zoning compliance permit is required before any building, structure, parking lot or sign can be located, erected, constructed, altered, converted, enlarged or moved. A zoning compliance permit is also required before any change is made in the use of any building, structure or land. Building permits cannot be issued before a zoning compliance permit is issued. A zoning compliance permit signifies that the intended use, building, structure or lot complies with all applicable provisions of this chapter.

(2)

All applications for zoning compliance permits shall include an original drawing and one print of a plan depicting the proposed use. The drawing shall be drawn to scale and include the following information:

a.

The actual dimensions and shape of the lot to be built on showing all easements and right-of-way lines.

b.

The size and location of any existing structures on the lot.

c.

The location and dimensions of the proposed structure, alteration or sign.

(3)

The copy of the plan shall be returned to the applicant once the application has been approved or denied. The zoning inspector shall retain the original drawing. The zoning inspector will sign and date both the drawing and the application form.

(4)

Within ten working days after filing an application, the zoning inspector shall issue a zoning compliance permit if the buildings, structures or signs described in the application are in conformity with this chapter.

(5)

Where action of the village council, planning commission or board of appeals is required, the zoning inspector shall issue a zoning compliance permit five working days following approval by the appropriate body.

(b)

Time limit for completing construction; renewal. A zoning compliance permit granted under this chapter shall become null and void, and the fees forfeited, unless construction or use is completed within 545 days from the date the permit was issued. The permit can be renewed if a new application is filed, the appropriate fee is paid and all provisions of all effective ordinances are met.

(Ord. No. 94-04, § 6.40, 9-7-94)

(a)

Required; issuance.

(1)

Before a building or structure is used, a certificate of occupancy, as provided in the village's building code, must be issued. The holder of a zoning compliance permit shall request a final inspection, in writing, from the zoning inspector.

(2)

Within five days after the written request is received, the zoning inspector shall make a final inspection. If the building or structure meets the provisions of this chapter, a certificate of occupancy will be issued within five working days after the final inspection.

(b)

Voiding of certificate of occupancy. A certificate of occupancy shall become null and void if, at any time, the zoning inspector finds the building or structure to be in violation of any provision of this chapter.

(Ord. No. 94-04, § 6.50, 9-7-94)

The village council shall establish a schedule of fees, charges and expenses, and a collection procedure for fees for zoning compliance permits, certificates of occupancy, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the village office and may be altered or amended only by the village council. No permit, certificate or variance shall be issued unless such costs, charges, fees or expenses have been paid in full. No action shall be taken on proceedings before the board of appeals unless preliminary charges and fees have been paid in full.

(Ord. No. 94-04, § 6.60, 9-7-94)

(a)

Land, dwellings, buildings, structures (including tents and trailers), historic districts and signs that are used, erected, altered, razed or converted in violation of any provision of this chapter are declared to be a nuisance per se. The court shall order a nuisance abated and the owner or agent shall be adjudged guilty of maintaining a nuisance per se.

(b)

A person who violates any provision of this chapter is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $100.00 nor more than $500.00, plus costs and other sanctions, for each violation. Repeat offenses shall be subject to increased fines as provided by subsection 1-11(c)(2) of this Code. Any authorized village official as designated by this Code or by the village manager may issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the village municipal ordinance violations bureau) for violations under this chapter.

(Ord. No. 94-04, § 6.70, 9-7-94; Ord. No. 97-03, § 24, 7-7-97)

(a)

Established. There is hereby established a board of appeals, which shall perform its duties and exercise its powers as provided in Act No. 110 of the Public Acts of Michigan of 2006 (MCL 125.3101 et seq.), as amended, in such a way that the objectives of this chapter shall be observed, the public health and safety secured, and substantial justice done.

(b)

Members; terms. The board of appeals shall consist of five members appointed by the village president with the approval of the village council for three-year terms, except for members serving because of their membership on the planning commission or village council, whose terms shall be limited to the time they are members of those bodies. One of the regular members of the board of appeals shall be a member of the planning commission. Remaining regular members, and any alternate members, shall be selected from residents of the village. One regular member may be a member of the village council but shall not serve as chairperson of the board of appeals. The village council may appoint not more than two alternate members for the same term as regular members. An alternate member may also be called as specified to serve as a member of the board of appeals in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. Vacancies shall be filled in the same manner for the unexpired term. No contractor or employee of the village council may be appointed to the board of appeals.

(c)

Removal from office. Members of the board shall be removable upon a finding of nonperformance of duty, misconduct in office, or misfeasance. Such findings may occur only after specific written charges have been filed with the village council and after the accused member has been afforded a hearing regarding such charges. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes misconduct in office.

(Ord. No. 94-04, § 7.10, 9-7-94; Ord. No. 04-03, §§ 1, 2, 7-7-03; Ord. No. 6 of 2007, § 2, 11-5-07)

The board of appeals shall hear and decide such matters as described in this section. The board of appeals shall not have the power to alter or change the zoning district classification of any property, or to make any changes in the terms of this chapter. The powers of the board of appeals are described as follows:

(1)

Interpretation of zoning map. When there is a question as to the location of any boundary line between zoning districts, the board shall interpret the map. The interpretation of the map shall carry out the intent and purpose of this chapter.

(2)

Administrative review. The board shall hear and decide appeals where it is alleged by the applicant that an error was made by an administrative order, requirement, decision, or determination made by an administrative official or body charged with enforcement of the zoning ordinance.

(3)

Variances. The board shall have the power to approve variances from the provisions of this chapter where, because of special conditions, a literal enforcement of this chapter would result in practical difficulties or unnecessary hardship.

a.

A variance shall not be granted unless the board finds that all the following conditions exist:

1.

Special conditions exist that are peculiar to the land, building or structure involved and do not exist for other land, buildings or structures in the same district.

2.

Literal application of this chapter to the property involved would deprive the appellant of rights commonly enjoyed by other properties in the same district.

3.

The special conditions do not result from actions of the appellant.

4.

No nonconforming use of neighboring lands, buildings or structures shall be grounds for issuance of a variance.

5.

The authorizing of such variance will not confer upon the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

6.

The authorizing of such variance will not be of substantial detriment to adjacent property, and will not impair the purposes of this chapter or the public interest.

7.

The variance is the minimum variance possible for reasonable use of the property.

b.

The board may require that the variance be contingent on appropriate conditions. Failure to comply with any such condition shall be considered a violation of this chapter.

c.

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

1.

The construction authorized by the variance has been commenced within 180 days after the variance was granted and pursued diligently to completion; or

2.

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

d.

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

(4)

Recordkeeping. The board must maintain a written record of meetings and actions taken. The written record must state the grounds for each decision and it must identify the facts which support its conclusions. The board shall keep a copy and a copy shall be given to the applicant.

(Ord. No. 94-04, § 7.20, 9-7-94; Ord. No. 6 of 2007, § 3, 11-5-07)

(a)

Applicability. This section applies to all actions of the board of appeals, including variances, zoning map interpretation, expansion of nonconforming structures, etc.

(b)

Appeal procedure. Anyone may file a notice of appeal with the village clerk on an administrative order, requirement, decision, or determination made by an administrative official or body charged with the enforcement of the provisions of this chapter within 30 days of the date of the decision.

(c)

Fee for appeals. A fee, set by the village council, shall be paid at the time the notice of appeal is filed.

(d)

Effect of appeal. An appeal stays all proceedings against the action appealed.

(e)

Notice of hearing. Once a notice of appeal for an interpretation of the zoning ordinance or an appeal of an administrative decision has been filed, the clerk shall publish a notice stating the time, date, and place of a public hearing in a newspaper of general circulation within the village and shall be sent to the person appealing an interpretation of the zoning ordinance or administrative order not less than 15 days before the public hearing before the board. If the appeal for an interpretation of the zoning ordinance or an administrative decision involves a specific parcel, or if the appeal is for a variance, written notice stating the nature of the appeal and the time, date, and place of the public hearing shall be sent by first-class mail or personal delivery 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 the property in question regardless of whether the property or occupant is located in the village. If a tenant's name is not known, the term "occupant" may be used. Notices for variance requests shall also identify the property that is the subject of the request and include a listing of all existing street addresses within the property. If there are no street addresses, other means of identification may be used. In addition, the notice shall indicate when and where written comments will be received concerning the variance request. The clerk shall certify the mailing. Notice shall also be given to the zoning inspector and chairperson of the planning commission.

(f)

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

(Ord. No. 94-04, § 7.30, 9-7-94; Ord. No. 6 of 2007, § 4, 11-5-07)

(a)

This chapter, including zoning district boundaries, may be amended as provided in this division. The amendment can be initiated by resolution of the village council or by the planning commission, or when a request for amendment is filed with the village clerk by the property owner to be affected by an amendment.

(b)

Requests filed by property owners must be accompanied by the payment of a fee as established by the village council.

(c)

No proposed request for rezoning which has been denied by the village council shall be resubmitted for a period of 365 days from such denial.

(Ord. No. 94-04, § 8.10, 9-7-94)

(a)

Generally; prerequisites for action by council. The procedure for making amendments to this chapter shall be in accordance with Act No. 110 of the Public Acts of Michigan of 2006 (MCL 125.3101). The village council shall not take action on any amendment to this chapter until all of the following actions occur:

(1)

The proposed amendment has been submitted to the planning commission.

(2)

The planning commission has held at least one public hearing.

(3)

The planning commission has submitted a report to the village council on the proposed amendment.

(b)

Public hearing.

(1)

Notice of the hearing shall be published in a newspaper of general circulation in the village not less than 15 days before the hearing. For any proposed rezoning, a notice shall also be delivered by mail, or personally to:

a.

Each electric, gas, pipeline public utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport, that registers its name and mailing address with the planning commission for the purpose of receiving the notice.

b.

All persons to whom real property is assessed within 300 feet of the boundary of the property proposed to be rezoned and to the occupants of all structures within 300 feet of the property proposed to be rezoned regardless of whether the property or occupant is located in the village. If a tenant's name is not known, the term "occupant" may be used.

c.

The applicant and owner(s) of the property proposed for rezoning.

d.

If an individual property or ten or fewer adjacent properties are proposed for rezoning, notice shall be given of the proposed rezoning in the same manner as required under subsection 66-306(e) herein.

e.

If 11 or more adjacent properties are proposed for rezoning, the planning commission shall give a notice of the proposed rezoning in the same manner as required under subsection 66-306(e) herein, except that notice is not required for 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 the property in question, and except that no individual addresses of properties are required to be listed as provided under subsection 66-306(e)2.

(2)

A list of all those notified by mail shall be presented to the planning commission by the clerk prior to the public hearing. An affidavit of mailing shall also be maintained.

(3)

The public hearing shall be held by the planning commission.

(4)

Notice of public hearing shall do all of the following:

a.

Describe the nature of the request.

b.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the 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.

c.

State when and where the public hearing will be considered.

d.

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

e.

Indicate the places and times at which the proposed amendment may be examined.

(c)

Planning commission report. After the hearing, the planning commission shall make a written report and recommendation to the village council. The report shall include a summary of the public hearing comments and minutes of the hearing.

(d)

Action on amendment.

(1)

After receiving and considering the planning commission's report, the village council may take one of the following actions: conduct additional public hearings, adopt the proposed amendment, or deny the proposed amendment.

(2)

If the owners of at least 20 percent of the area of land included in the proposed amendment protest the adoption or denial of the amendment, a three-fourths vote of the village council shall be necessary to adopt an amendment. A protest petition shall be presented to the village council before final action on the amendment.

(e)

Notice of adoption. Within 15 days following adoption of an amendment to this chapter by the village council, one notice of adoption shall be published in a newspaper circulated within the village. A copy of the notice shall also be mailed to the airport manager of any airport that received a notice as described herein.

(f)

Certification. The adopted amendment shall be filed in the official ordinance book of the village with a certification by the village clerk stating the number of votes for and those against the amendment, the name of the newspaper and the publication date of the notice of adoption, and the date the amendment was filed.

(Ord. No. 94-04, § 8.20, 9-7-94; Ord. No. 6 of 2007, § 5, 11-5-07)

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

(Ord. No. 94-04, § 8.30, 9-7-94)