The purpose of this Article is to provide for the organization of personnel and procedures for the administration of the Ordinance, including the submittal and review of land use and development plans, issuance of land and structural use zoning permits, inspections of properties for compliance with the Zoning Map and regulations, establishment and collection of permit fees, handling of violators and enforcement of the provisions if this Ordinance and any amendments to it.

(Ord. of 11-12-1987, § 21.01)

The provisions of this Ordinance shall be administered by the Township Board, the Township Planning Commission and such personnel as designated by the Township Board in accordance with the Public Act No. 33 of 2008 (MCL 125.3801 et seq.), the Michigan Planning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), the Michigan Zoning Enabling Act, and this Zoning Ordinance. The Township Board shall employ a Zoning Administrator who shall act as the officer to carry out the enforcement of this Ordinance. The person selected, the terms of employment and the rate of compensation shall be established by the Township Board.

(Ord. of 11-12-1987, § 21.02; Amd. No. 82, § 24, 7-13-2017)

A.

Duties of the Zoning Administrator are as follows:

1.

Receive and review all applications for zoning permits and approve or disapprove such applications based on compliance with the provisions of this Ordinance and shall approve issuance of the permit, if the use and the requirements of this Ordinance are met.

2.

The Zoning Administrator shall assist the Township Board, the Planning Commission and the Zoning Board of Appeals in the processing and administering of all zoning appeals and variances, special use permits and amendments to the Zoning Ordinance.

3.

The Zoning Administrator shall prepare and submit to the Township Board and the Planning Commission a written record of all zoning permits issued during each month. The record shall include the owner's name, location of property and intended use for each permit.

4.

Maintain written records of all actions taken by the Zoning Administrator.

B.

The Township Clerk with the assistance of the Zoning Administrator shall be responsible to update the Township Zoning Map and Text and keep it current.

(Ord. of 11-12-1987, § 21.03; Amd. No. 77, § 1, 12-4-2014)

A.

Requirements. A zoning permit is required for and shall be obtained after the effective date of this Ordinance from the office of the Zoning Administrator or his agent by the owner or his agent for the following conditions:

1.

The administrative coordination of zoning permits issued by Cohoctah Township and building permits by the Building Inspector shall be in accordance with Section 3.12.

2.

The construction, enlargement, alteration or moving of any dwelling, building, or structure or any part thereof, being used or to be used for agricultural, residential, commercial, industrial, public, or semipublic purposes except that a zoning permit shall not be required for a single-family residential accessory building or an agricultural accessory building if said building shall not require the issuance of a building permit by the Livingston County Building Department. If said proposed building requires a building permit to be issued by the Livingston County Building Department, then a zoning permit shall be required by Cohoctah Township prior to the issuance of a building permit by the Livingston County Building Department.

3.

Repairs of a minor nature or minor alterations which do not change the use, occupancy, area, structural strength, fire hazard, fire protection, exits, light, and ventilation of a building shall not require a zoning permit.

B.

Application for a Permit. Application for a zoning permit shall be made in writing upon a form furnished by the Zoning Administrator, including the following information:

1.

The location, shape, area and dimensions for the parcel(s), lot(s) or acreage, and all existing improvements on the lot or parcel.

2.

The location of the proposed construction, upon the parcel(s), lot(s), or acreage affected.

3.

The dimensions, height and bulk of structures, including signs.

4.

The nature of the proposed construction, alteration, or repair and the intended use.

5.

The proposed number of sleeping rooms, dwelling units, occupants, employees, customers, and other uses.

6.

The present use of any structure affected by the construction or alteration.

7.

The yard, open area and parking space dimensions, if applicable.

8.

The proposed plan and specifications of off-street parking spaces, if applicable.

9.

The proposed plan and specifications of off-street loading and unloading spaces provided, if applicable.

10.

Any other information deemed necessary by the Zoning Administrator to determine and provide for the enforcement of this Ordinance.

If the information included in and with the application is in compliance with these requirements and all other provisions of this Ordinance, the Zoning Administrator shall issue a zoning permit after payment of the required fee.

C.

Voiding of Permit. Any zoning permit granted under this Article shall be null and void unless the development proposed:

1.

Has been completed within one year from the date of granting the permit.

2.

The permit holder may apply for a one-year extension of the permit, and the permit may be extended for an additional one-year by the Zoning Administrator, upon a finding of good cause as to why the development has not been completed in the time required by this Ordinance. A permit for which an extension was granted may receive an additional one year extension upon a finding of good cause by the Zoning Administrator that sufficient circumstances exist to justify such an extension.

D.

Fees, Charges, and Expenses. The Township Board shall establish a schedule of fees, charges, and expenses, and a collection procedure, for zoning permits, appeals and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the Township Office and may be altered or amended only by the Township Board. No permit, certificate, special use approval, or variance shall be issued until such cost, charges, fees or expenses listed in this Ordinance have been paid in full, nor shall any action be taken on proceedings before the Zoning Board of Appeals, until preliminary charges and fees have been paid in full.

E.

Inspection. The construction or usage affected by any zoning permit shall be subject to the following inspections:

1.

At time of staking out of building foundation or location of structure.

2.

Upon completion of the construction authorized by the permit.

3.

It shall be the duty of the holder of every permit to notify the Zoning Administrator when construction is ready for inspection. Upon receipt of such notification for the first inspection, the Zoning Administrator shall determine whether the location of the proposed building, as indicated by corner stakes, is in accordance with yard setbacks and other requirements of the Ordinance. The Zoning Administrator shall issue his written approval by issuing a certificate of zoning compliance [at] the time of inspection if the building or proposed construction meets the requirements of this Ordinance.

4.

Should the Zoning Administrator determine that the building or structure is not located according to the site and construction plans filed, or is in violation of any provision of this Ordinance, or any other applicable law, he shall so notify, in writing, the holder of the permit or his agent. Further construction shall be stayed until correction of the defects set forth has been accomplished and approved upon notice and request for reinspection by the applicant and those inspections completed and compliance certified by the Zoning Administrator, by issuing a certificate of occupancy.

5.

Should a zoning permit holder fail to comply with the requirements of the Zoning Ordinance at any inspection stage, or at any other time, the Zoning Administrator shall have authority to cancel the permit and shall cause notice of the cancellation of the permit to be securely and conspicuously posted upon, or affixed to, the construction that is not conforming to the Ordinance requirements. Such posting shall be considered as service of actual notice to the permit holder of cancellation of the permit and no further work upon said construction shall be undertaken or permitted until such time as the requirements of this Ordinance have been met. Failure of the permit holder to make proper and timely notice to the Zoning Administrator of the time for inspection shall automatically cancel a permit, and require the issuance of a new permit before construction may proceed.

(Ord. of 11-12-1987, § 21.04; Amd. No. 6, 6-13-1991; Amd. No. 18, 2-8-1996; Amd. No. 64, § 2, 2-11-2010; Amd. No. 82, § 25, 7-13-2017)

Any buildings or structures, including mobile homes, which are erected, constructed, reconstructed, altered, converted, maintained, changed, or used in violation of any provision of this Ordinance, are hereby declared to be a nuisance per se, a violation of this Ordinance and subject to the penalties of it.

(Ord. of 11-12-1987, § 21.05; Amd. No. 82, § 26, 7-13-2017)

Any person or the agent in charge of such building or land who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any provision of this Ordinance or any amendment thereof shall be fined, upon conviction, not more than $500.00, together with the cost of prosecution, or shall be punished by imprisonment in the County Jail for not more than 90 days for each offense, or may be both fined or imprisoned as provided herein. Each and every day during which any illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. The Township Board, or any owner or owners of real estate within the district in which such buildings, structures or land use is situated, may institute injunction, mandamus abatement or any other appropriate action, actions or proceedings to prevent, enjoin, abate, or remove any said unlawful erection, construction, maintenance or use of land, buildings or structures. The rights and remedies provided herein are cumulative, and in addition to all other remedies provided by law.

(Ord. of 11-12-1987, § 21.06)

In addition to the enforcement actions provided in Section 21.04.E, the following additional enforcement procedures may be applicable in the instances of violations of:

A.

Provisions of this Zoning Ordinance;

B.

Approved special uses;

C.

Approved Planned Unit Developments;

D.

Approved site plans; or

E.

Decisions of the Zoning Board of Appeals, Planning Commission, Township Board, District Court or Circuit Court relative to a particular land use development or activity approved under the provisions of this Zoning Ordinance:

1.

When a violation is initially determined by the Zoning Administrator, it shall be the Administrator's responsibility to issue a Notice of Zoning Ordinance Violation to the owners and occupants of the lot or parcel upon which the zoning violation has occurred. This Notice shall be issued on a special form for this purpose and shall at least include the following information pertinent to the violation:

(a)

Date and location of each violation observed by the Zoning Administrator.

(b)

Names and addresses of the owners and occupants.

(c)

Specific section of the Zoning Ordinance that has been violated. If more than one violation, list each violation and each section violated.

(d)

Length of time allowed before further prosecution of the violation.

2.

Failing compliance by the owners and occupants by specified date in Subsection E.1. above, the Zoning Administrator shall issue a Second Notice of Zoning Ordinance Violation.

3.

Failure to comply with the procedures outlined in Subsections E.1 and 2 above shall then upon recommendation of the Zoning Administrator result in the issuance of a Notice of Show-Cause Hearing by the Board for those parties interested in the violations.

4.

Failure to comply with the procedure of Subsections E.1—3 above shall then result in the issuance of a Show-Cause Hearing, Finding and Order by the Township Board. The Show-Cause Hearing, Finding and Order form shall indicate the findings of fact about the violation by the Township Board, the Board's conclusions and its order for compliance with the Zoning Ordinance with respect to each violation.

(Ord. of 11-12-1987, § 21.07; Amd. No. 82, § 27, 7-13-2017)

Township Board of Trustees members, Planning Commission members, Zoning Board of Appeals members, Zoning Administrators and any other Township officials or employees charged with administrative and enforcement duties and responsibilities under provisions of this Zoning Ordinance are hereby protected from all personal liability for damages to persons or property resulting from the carrying out of their duties and responsibilities and while acting within the scope of his or her authority. In accordance with section 8 of Public Act No. 170 of 1964 (MCL 691.1408), any civil or criminal charges brought against any of the aforementioned Township officials and employees in the conduct of their duties and responsibilities and while acting within the scope of his or her authority shall be defended by a legal representative of the Township until final adjudication of the charges have been concluded and decided upon. If a judgment for damages is awarded against any of the aforementioned Township officials and/or employees as a result of a civil or criminal charge for personal injuries or property damage, caused while carrying out their duties and responsibilities under the provisions of this Zoning Ordinance, the Township shall pay, negotiate or do whatever is necessary to arrive at a settlement in order to abate the charges and satisfy the judgment.

(Ord. of 11-12-1987, § 21.08; Amd. No. 82, § 28, 7-13-2017)