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Cottrellville Township
City Zoning Code

ARTICLE XVI


FOOTNOTE(S):

(34) Cross reference— Building code, Pt. 110; construction code enforcing agency, Pt. 111.

132.1601 - Enforcement.

The provisions of this Ordinance 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 Ordinance.

(Ord. of 7-25-07)

132.1602 - Duties of the Zoning Administrator.

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 Ordinance. It shall be unlawful for the Zoning Administrator to approve any plans or issue any zoning compliance permits for any use, excavation or construction until he has inspected such plans in detail and found them to conform with this Ordinance.

The Zoning Administrator shall record all nonconforming uses existing at the effective date of this Ordinance for the purpose of carrying out the provisions of Section 132.1403.

The Zoning Administrator shall under no circumstances have the authority to make changes to this Ordinance, nor to vary the terms of this Ordinance in carrying out his duties as Zoning Administrator.

The Zoning Administrator shall not refuse to issue a zoning compliance permit or any other approval called for under this Ordinance when the conditions imposed by this Ordinance are complied with by the applicant, despite violations or possible violations of contracts outside the authority of this Ordinance (such as covenants or private agreements), which may occur upon the granting of said permit or approval.

(Ord. of 7-25-07)

132.1603 - Site Plan or Plot Plan.

The Zoning Administrator shall require either a site plan or a plot plan as called for under Section 132.1416, and if applicable as called for under Section 132.1408.

(Ord. of 7-25-07)

132.1604 - Permits.

The following shall apply in the issuance of any permit:

1.

Permits not to be issued. No building 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 Ordinance.

2.

Permits 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 certificate of zoning compliance is first obtained for the new or different use.

3.

Permits 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 certificate of zoning compliance is first obtained for the new or different use.

4.

Permits required. No building or structure, or part thereof, shall be hereafter erected, altered, moved, or repaired unless a zoning compliance permit and/or a building permit, as applicable, shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes affecting setbacks, building heights, or other zoning conditions, structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress or ingress, or other changes affecting or regulated by the Township of Cottrellville, Michigan Building Code, Housing Law, or this Ordinance, except for minor repairs or changes not involving any of the aforesaid features.

(Ord. of 7-25-07)

132.1605 - Certificates of Zoning Compliance and Final Zoning Inspection.

No permanent Certificate of Occupancy shall be issued under the Michigan Building Code administered by the Township of Cottrellville until all requirements of this Ordinance have been met. A temporary certificate may be issued under circumstances where expressly permitted by this Ordinance.

All Certificates of Occupancy issued by the Building Inspector shall be accompanied by a Certificate of Zoning Compliance which bears the signature of the Zoning Administrator certifying that all requirements of this Ordinance have in fact been met and that he has made a field inspection to ascertain the same.

In cases where Certificates of Occupancy are not required under the Michigan Building Code, such as in the case of agricultural buildings, the Zoning Administrator shall nevertheless certify compliance with the terms of the Zoning Ordinance by issuing a Certificate of Zoning Compliance.

No Certificate of Zoning Compliance shall be issued where it appears that any land area required to conform to any provision of this Ordinance is also required as a part of any adjoining property to keep the development of use thereof in conformity with this Ordinance, or to keep it from becoming more nonconforming, if such land area was, an any time subsequent to the start of development or use of such adjoining property, in common ownership with such adjoining property.

Any Certificate of Zoning Compliance based on any material false statement in the application or supporting documents is absolutely void from inception (void ab initio) and shall be revoked.

No Certificate of Zoning Compliance shall remain valid if the use or structure it authorizes becomes nonconforming under the existing Ordinance provisions.

(Ord. of 7-25-07)

132.1606 - Fees.

Fees for inspection and issuance of Certificates of Zoning Compliance, other determinations of approval or denial, notice requirements, copies of documents, or any other actions required under this Ordinance, shall be collected by the Township Treasurer's Office in advance of any issuance. The amount of such fees shall be established by resolution of the Township Board and is intended to cover the cost of inspection, processing, administration, enforcement, and supervision of each requested action under this Ordinance.

(Ord. of 7-25-07)