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Coloma Charter Township
City Zoning Code

ARTICLE XIV

ADMINISTRATION AND ENFORCEMENT

Sec. 40-816. - Designation of zoning administrator as enforcement officer.

(a)

A zoning administrator designated by the township board shall administer and enforce this chapter. He may be provided with the assistance of such other persons as the township board may direct.

(b)

If the zoning administrator shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and order the action necessary to correct it. He shall order discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings or 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.

(Ord. No. 90, § 29.01, 12-24-2016)

Sec. 40-817. - Duties and limitations of the zoning administrator.

(a)

Zoning compliance permit. It is unlawful for any person to commence excavation for any building or to commence the erection, addition or structural alteration of any building or to move any building onto a lot or to commence new land use until a zoning compliance permit for such activity has been obtained from the zoning administrator. (See also sections 40-496 and 40-545 pertaining to zoning compliance permits for, respectively, swimming pools and outdoor hot tubs and spas and signs.)

(b)

Zoning administrator authority. The zoning administrator shall have the authority to make inspections of buildings or premises necessary to carry out his duties in the enforcement of the chapter. It is unlawful for the zoning administrator to approve any plans or issue a zoning compliance permit for any excavation or construction or use until he has inspected such plans in detail and found them in compliance with this chapter. To this end, the zoning administrator shall require that every application for a building permit for excavation, construction, moving, alteration, or change in type of use or type of occupancy shall be accompanied by a written statement and plans or plats drawn to scale showing the following in sufficient detail to enable the zoning administrator to ascertain whether the proposed work or use is in conformance with this chapter:

(1)

The actual shape, location, and dimensions of the lot. If the lot is not a lot of record, sufficient survey data to locate the lot on the ground.

(2)

The shape, size, and location of all buildings or other structures to be erected, altered, or moved, and of any other buildings or other structures already on the lot.

(3)

The existing and intended use of the lot and of all structures upon it.

(4)

Such other information concerning the lot or adjoining lots or other matters as may be essential for determining whether the provisions of this chapter are being observed.

(Ord. No. 90, § 29.02, 12-24-2016)

Sec. 40-818. - Issuance of zoning compliance permit or notification of denial.

If the proposed excavation, construction, moving, or alteration or use of land as set forth in the application is in conformity with the provisions of this chapter, the zoning administrator shall issue a zoning compliance permit. If an application for such permit is not approved, the zoning administrator shall state in writing the cause for such disapproval. The zoning administrator shall not refuse to issue a permit when the applicant complies with conditions imposed by this chapter. Violations of contracts, such as covenants or private agreements, which may result upon the granting of the permit are not cause for refusal to issue a permit. A zoning compliance permit will expire if the project has not substantially begun within six months of the issuance of the permit. When a zoning compliance permit is issued, the proposed structure shall be considered a legally existing structure for the purpose of applying the waterfront 45-degree view setback requirement of sections 40-448, 40-449 and 40-450. The zoning compliance permit may upon written request be extended by the zoning administrator for an additional six-month period if:

(1)

It is demonstrated to the zoning administrator's reasonable satisfaction that there is a strong likelihood that the project will be substantially begun within the period of extension and proceed diligently thereafter to completion; and

(2)

The zoning administrator finds that the proposed project remains lawful under the terms of this chapter.

(Ord. No. 90, § 29.03, 12-24-2016)

Sec. 40-819. - Acceptance of preliminary application and information.

The zoning administrator may accept a preliminary application and a lesser number of submitted documents than those listed above in situations where a basic clarification is desired ahead of proceeding with further technical work; and the zoning administrator may on such preliminary submittal take the formal action of tentative denial or tentative approval.

(Ord. No. 90, § 29.04, 12-24-2016)

Sec. 40-820. - Permit does not wave compliance.

Issuance of a zoning compliance permit shall in no case be construed as waiving any provision of this chapter. The zoning administrator is under no circumstance permitted to grant exceptions to the actual meaning of any clause, order, or regulation contained in the chapter to any person making application to excavate, construct, move, alter, or use either buildings, structures, or land. The zoning administrator is under no circumstance permitted to make changes to this chapter or to vary the terms of this chapter in carrying out his duties.

(Ord. No. 90, § 29.05, 12-24-2016)

Sec. 40-821. - Role of the township board of trustees.

Under this chapter, the township board shall have only the following duties:

(1)

Considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law;

(2)

Establishing a schedule of fees and charges as stated in division 3 of this article.

(3)

Appointing members of the zoning board of appeals, the zoning administrator and members of the planning commission.

(4)

Considering the approval or rejection of special land uses.

(5)

Considering approval or rejection of a temporary hardship permit.

(6)

Considering approval or rejection of a mineral mining permit.

(Ord. No. 90, § 29.06, 12-24-2016)

Sec. 40-822. - Role of the township planning commission.

Under this chapter, the planning commission shall have only the following duties:

(1)

Review, holding of the public hearing and rendering recommendations for issuance of special land use permits,

(2)

Review, holding of the public hearing and rendering recommendations for issuance of planned unit development request or permits,

(3)

Review, holding of the public hearing and rendering recommendations for zoning map and text amendments,

(4)

Review and rendering recommendations for approval of site plans, and

(5)

Prepared, adopt and maintain in current form the master plan for the township.

(Ord. No. 90, § 29.07, 12-24-2016)

Sec. 40-853. - Establishment of board of appeals.

(a)

Board of appeals is established; it shall consist of five regular members and two alternate members to be appointed in accordance with the Michigan Zoning Enabling Act, MCL 125.3101 et seq. The first member of the township board of appeals shall be a member of the township planning commission. The second member of the township board of appeals may be member of the township board but shall not serve as chairperson of the township board of appeals. An employee or contractor of the township board may not serve as a member of the township board of appeals.

(b)

The terms of office for members appointed to the township board of appeals shall be for three years, except for members serving because of their membership on the planning commission or township board, whose terms shall be limited to the time they are members of those bodies. A member of the township board of appeals may be removed by the township board for misfeasance, malfeasance or nonfeasance in office upon written charges and after public hearing. A member shall disqualify himself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself from a vote in which the member has a conflict of interest constitutes malfeasance in office.

(c)

An alternate member may be called by the chairperson or his designee to serve as a regular member of the township board of appeals in the absence of a regular member if a 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 regular member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the township board of appeals.

(Ord. No. 90, § 30.01, 12-24-2016)

Sec. 40-854. - Proceedings of the township board of appeals and records.

(a)

The board of appeals shall adopt rules necessary for the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the chairperson and at such other times as the township board of appeals may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public and shall comply in all aspects of the state Open Meetings Act, MCL 15.261 et seq.

(b)

The board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be filed within eight business days in the office of the clerk.

(Ord. No. 90, § 30.02, 12-24-2016)

Sec. 40-855. - Powers and duties of board of appeals.

The powers of the zoning board of appeals shall be to hear and decide matters concerning the administration of the chapter, including appeals from administrative decisions, issue variances from the strict terms of this chapter and interpret this chapter and the zoning map pursuant to article II of this chapter.

(Ord. No. 90, § 30.03, 12-24-2016)

Sec. 40-856. - Administrative appeals.

(a)

Duty of the zoning board of appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of this chapter.

(b)

Filing of an appeal. Appeals to the township board of appeals concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the governing body of the township affected by any decision of the zoning administrator. Such appeals shall be taken within a reasonable time of the aggrieved action, not to exceed 60 days, by filing with the zoning administrator and with the township board of appeals a notice of appeals specifying the grounds thereof. The zoning administrator shall forthwith transmit to the township board all papers constituting the record from which the action appealed from was taken.

(c)

Required public hearing. The board of appeals shall fix a reasonable time for a hearing, not to exceed 60 days from the filing of the notice of appeal. Notice of the hearing shall be given in accordance with statutory requirements and shall:

(1)

Describe the nature of the appeal;

(2)

Indicate the property, which is the subject of the appeal;

(3)

State when, where, and at what time the public hearing on the appeal will be considered; and

(4)

Indicate when and where written or oral comments will be received concerning the appeal.

(d)

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

(Ord. No. 90, § 30.04, 12-24-2016)

Sec. 40-857. - Variance from the strict terms of the chapter.

(a)

Role of zoning board of appeals. The zoning board of appeals shall have the power to grant nonuse variances relating to the construction, structural changes, or alteration of buildings or structures related to dimensional requirements of this chapter or to any other nonuse-related standard in this chapter where there are practical difficulties in the way of carrying the strict letter of this chapter so that the spirit of the chapter shall be observed, public health and safety secured, and substantial justice done. In making the determination to grant such a variance, the zoning board of appeals shall find that all of the following standards are met:

(1)

That the variance will not permit the establishment within a zoning district of any use which is not permitted by right within the district.

(2)

That compliance with the strict letter of this chapter would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with this chapter unnecessarily burdensome.

(3)

That a grant of the variance applied for would do substantial justice to the applicant as well as to other property owners in the surrounding area, or, in the alternative, that a lesser relaxation than that applied for would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners.

(4)

That the hardship asserted by the property owner by way of justification for a variance is due to unique circumstances of the property.

(5)

That the hardship asserted by way of justification for the variance is not self-created.

(6)

That, in granting a variance, the zoning board of appeals is ensuring that the spirit of this chapter is observed, public safety secured, and substantial justice done.

(b)

Required public hearing. A public hearing shall be held, and any party may appear in person, by agent, or by attorney. Notice of the hearing shall be given in accordance with applicable statutory requirements and shall:

(1)

Describe the nature of the variance request;

(2)

Indicate the property, which is the subject of the variance request;

(3)

State when, where, and at what time the public hearing on the variance request will be considered; and

(4)

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

(c)

Findings of fact. The board of appeals shall make findings that the requirements of subsection (a) of this section have been met by the applicant for a variance.

(d)

Conditions may be attached to decisions. In granting any variance, the township board of appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation 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 and punishable under division 5 of this article.

(e)

Prohibition against variance permitting a non-permissible use. Under no circumstances shall the township board of appeals grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in the district.

(Ord. No. 90, § 30.05, 12-24-2016)

Sec. 40-858. - Reversing decision of zoning administrator.

(a)

ZBA power of zoning administrator. In exercising the above-mentioned powers, the township board of appeals may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, 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 the powers of the zoning administrator from whom the appeal is taken under appellate jurisdiction.

(b)

Three ZBA votes required to overturn administrative decision. The concurring vote of three members of the township board shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in the application of this chapter.

(Ord. No. 90, § 30.06, 12-24-2016)

Sec. 40-859. - Appeals from a zoning board of appeals decision.

Any person, or any taxpayer, department, board, or bureau of the township directly aggrieved by any decision of the township board of appeals may seek review by court of record of such decision, in the manner provided by the laws of the state.

(Ord. No. 90, § 30.07, 12-24-2016)

Sec. 40-860. - Duties of administrator, ZBA and township board on matters of appeal.

(a)

It is the intent of this chapter that all questions under appellate jurisdiction shall be presented to the zoning board of appeals only on appeal from the decision of the zoning administrator. Requests for variances constituting matters under original jurisdiction of the zoning board of appeals shall be filed with the zoning board of appeals via the zoning administrator and shall not be construed as an appeal from the decision of the zoning administrator. Recourse from the decisions of the zoning board of appeals shall be to the courts as provided by the laws of the state.

(b)

It is further the intent of this chapter that the duties of the township board in connection with this chapter shall not include hearing and deciding questions of interpretation that may arise. The procedure for deciding such questions shall be as stated in this chapter.

(Ord. No. 90, § 30.08, 12-24-2016)

Sec. 40-884. - Township board to establish fee schedule.

The township board shall by resolution establish a schedule of fees, charges, and expenses and a collection procedure for building permits and certificate of occupancy, appeals, rezoning applications, and other matters pertaining to this chapter. The schedule of fees shall be posted in the township hall and may be amended only by the township board.

(Ord. No. 90, § 31.01, 12-24-2016)

Sec. 40-885. - All fees to be paid prior to consideration or action by the township.

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. No. 90, § 31.02, 12-24-2016)

Sec. 40-904. - Initiation of amendment.

Amendment to this chapter may be initiated by the township board on its own motion or, in the manner and pursuant to the procedure hereinafter set forth, may be initiated by any person, firm, or corporation filing an application with the township board. The planning commission may, at its discretion, also initiate amendments to this chapter and recommend the same to the township board for adoption.

(Ord. No. 90, § 32.01, 12-24-2016)

Sec. 40-905. - Amendment procedure.

(a)

Filing of application. All petitions for amendments to this chapter shall be in writing, signed, and filed in triplicate with the township clerk for presentation to the township board. All petitions for amendments to this chapter shall contain the following, without limiting the right to file additional material, including any and all other circumstances, factors, and reasons which the applicant offers in support of the proposed amendment:

(1)

The petitioner's name, address, and interest in the petition, as well as the name, address, and interest of every person, firm, or corporation having a legal or equitable interest in the land.

(2)

The nature and effect of the proposed amendment.

(3)

If the proposed amendment would require a change in the zoning map, a fully dimensioned map showing the land which would be affected by the proposed amendment, a legal description of such land, the present zoning classification of the land, the zoning classification of all abutting districts, and all public and private rights-of-way and easements bounding and intersecting the land under consideration.

(4)

If the proposed amendment would require a change in the zoning map, the names and addresses of the owners adjacent to the area changed by the proposed amendment.

(5)

The alleged error in this chapter which would be corrected by the proposed amendment, with a detailed explanation of such alleged error and detailed reasons as to how the proposed amendment will correct the same.

(6)

The changed or changing conditions in the area or in the municipality that make the proposed amendment reasonably necessary to the promotion of the public health, safety, and general welfare.

(b)

Referral to planning commission. The township board, upon receipt of the petition to amend, after having it examined and approved as to form and content by the township clerk, shall refer the same to the planning commission for study and recommendations.

(c)

Planning commission public hearing and recommendation. A public hearing shall be held by the township planning commission before submitting recommendations concerning the proposed amendment to this chapter. Notice of the public hearing shall be given in accordance with applicable statutory requirements.

(d)

Planning commission recommendation forwarded and received. Following the public hearing, the township planning commission shall make its recommendation and forward it to the county planning commission and the township board. The township board shall not approve or deny and propose any zoning chapter amendment until it has received the county planning commission's recommendation or 30 days has passed from the time the township planning commission's recommendation was received by the county, whichever occurs first.

(e)

Optional township board public hearing. A public hearing conducted by the township board shall not be required unless requested by a property owner pursuant to the state Zoning Enabling Act, MCL 125.3101 et seq.

(f)

Factors. In reviewing an application for the rezoning of land, whether the application be made with or without an offer of conditions, factors that should be considered by the planning commission and the township board include, but are not limited to, the following:

(1)

Whether the rezoning is consistent with the policies and uses proposed for that area in the township's master land use plan;

(2)

Whether all of the uses allowed under the proposed rezoning would be compatible with other zones and uses in the surrounding area;

(3)

Whether any public services and facilities would be significantly adversely impacted by a development or use allowed under the requested rezoning; and

(4)

Whether the uses allowed under the proposed rezoning would be equally or better suited to the area than uses allowed under the current zoning of the land.

(Ord. No. 90, § 32.02, 12-24-2016)

Sec. 40-906. - Conditional rezoning.

(a)

Intent. It is recognized that there are certain instances where it would be in the best interests of the township, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this section to provide a process consistent with the provisions of MCL 125.3405 by which an owner seeking a rezoning may voluntarily propose conditions regarding the use or development of land as part of the rezoning request.

(b)

Application and offer of conditions.

(1)

An owner of land may voluntarily offer in writing conditions relating to the use or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process.

(2)

The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section.

(3)

The owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.

(4)

The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.

(5)

Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this chapter may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this chapter.

(6)

Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this chapter may only be commenced if a variance for such use or development is ultimately granted by the zoning board of appeals in accordance with the provisions of this chapter.

(7)

Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this chapter.

(8)

The offer of conditions may be amended during the process of rezoning consideration, provided that any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the township board, provided that if such withdrawal occurs subsequent to the planning commission's public hearing on the original rezoning request, then the rezoning application shall be referred to the planning commission for a new public hearing with appropriate notice and a new recommendation.

(c)

Planning commission review. The planning commission, after public hearing and consideration of the factors for rezoning set forth in section 40-905(f), may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

(d)

Township board review. After receipt of the planning commission's recommendation, the township board shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The township board's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in section 40-905(f). Should the township board consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the township board shall, in accordance with MCL 125.3401 et seq., refer such amendments to the planning commission for a report thereon within a time specified by the township board and proceed thereafter in accordance with the statute to deny or approve the conditional rezoning with or without amendments.

(e)

Approval.

(1)

If the township board finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming in form to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the chapter adopted by the township board to accomplish the requested rezoning.

(2)

The statement of conditions shall:

a.

Be in a form recordable with the county register of deeds or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the statement of conditions in a manner acceptable to the township board.

b.

Contain a legal description of the land to which it pertains.

c.

Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land.

d.

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

e.

Contain a statement acknowledging that the statement of conditions or an affidavit or memorandum giving notice thereof may be recorded by the township with the county register of deeds.

f.

Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the statement of conditions.

(3)

Upon the rezoning taking effect, the official zoning map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a statement of conditions. The township clerk shall maintain a listing of all lands rezoned with a statement of conditions.

(4)

The approved statement of conditions or an affidavit or memorandum giving notice thereof shall be filed by the township with the county register of deeds. The township board shall have authority to waive this requirement if it determines that, given the nature of the conditions or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the township or to any subsequent owner of the land.

(5)

Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the statement of conditions.

(f)

Compliance with conditions.

(1)

Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions. Any failure to comply with a condition contained within the statement of conditions shall constitute a violation of this chapter and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

(2)

No permit or approval shall be granted under this chapter for any use or development that is contrary to an applicable statement of conditions.

(g)

Time period for establishing development or use. Unless another time period is specified in the ordinance rezoning the subject land, the approved development or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the township board if:

(1)

It is demonstrated to the township board's reasonable satisfaction that there is a strong likelihood that the development or use will commence within the period of extension and proceed diligently thereafter to completion; and

(2)

The township board finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

(h)

Reversion of zoning. If approved development or use of the rezoned land does not occur within the time frame specified under subsection (g) of this section, then the land shall revert to its former zoning classification as set forth in MCL 125.3405. The reversion process shall be initiated by the township board requesting that the planning commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

(i)

Subsequent rezoning of land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to subsection (h) of this section or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the township clerk shall record with the register of deeds of the county in which the land is located a notice that the statement of conditions is no longer in effect.

(j)

Amendmentof conditions.

(1)

During the time period for commencement of an approved development or use specified pursuant to subsection (g) of this section or during any extension thereof granted by the township board, the township shall not add to or alter the conditions in the statement of conditions.

(2)

The statement of conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and statement of conditions.

(k)

Township right to rezone. Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the township from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and state law.

(l)

Failure to offer conditions. The township shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this chapter.

(Ord. No. 90, § 32.03, 12-24-2016)

Sec. 40-931. - Complaints regarding violations.

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the zoning administrator. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter and make answer to the complainant and township board.

(Ord. No. 90, § 33.01, 12-24-2016)

Sec. 40-932. - Penalties for violation.

(a)

Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special land uses) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than 93 days, or both, and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(b)

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(c)

Nothing herein contained shall prevent the township from taking such other lawful actions as is necessary to prevent or remedy any violation.

(Ord. No. 90, § 33.02, 12-24-2016)