The provisions of this chapter shall be administered and enforced by the zoning administrator or by such deputies of this department as the zoning administrator may delegate to enforce the provisions of this chapter.

(Ord. No. 202, art. 13, § 1, 11-6-2017)

(a)

The zoning administrator shall have the power to grant zoning compliance and occupancy permits, and to make inspections of buildings or premises necessary to carry out their duties in the enforcement of this chapter. It shall be unlawful for the zoning administrator to approve any 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.

(b)

The zoning administrator shall record all nonconforming uses existing at the effective date of the ordinance from which this chapter is derived for the purpose of carrying out the provisions of article IX of this chapter.

(c)

The zoning administrator shall not refuse to issue a permit whenever all conditions and requirements imposed by this chapter are complied with.

(d)

The zoning administrator shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permit.

(Ord. No. 202, art. 13, § 2, 11-6-2017)

The zoning administrator shall require that all applications for land use permits shall be accompanied by plans and specifications including a plot plan, in triplicate, drawn to scale, showing the following:

(1)

The actual shape, location, and dimensions of the lot.

(2)

The shape, size, and location of all buildings, accessory buildings and structures, driveways and curb cuts, or other improvements to be erected, altered or moved, and of any building or other structures already on the lot.

(3)

The location and type of vegetation to be removed or planted.

(4)

Areas that will be graded or subject to the removal of soil noting the existing and proposed elevations.

(5)

The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

(6)

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

(Ord. No. 202, art. 13, § 3, 11-6-2017)

The following shall apply in the issuance of any permit:

(1)

Permits not to be issued. No land use 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 chapter.

(2)

Permits for new use or alterations of land. No land heretofore vacant or undisturbed shall hereafter be used, or an existing use of land be hereafter changed to a use of a different class or type, or physically altered, unless a land use permit is first obtained.

(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 land use permit is first obtained for the new or different use.

(4)

Permits required for the erection, alteration or repair of buildings. No building or structure, or part thereof, shall be hereafter erected, altered, moved, or repaired unless a land use permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the state construction building code, Housing Law, or this chapter, except for minor repairs or changes not involving any of the aforesaid features.

(5)

Permits for wrecking buildings. Before a building or structure can be wrecked, the owner, wrecking company, or person who secures the permit shall notify all utilities having service connections within the building, such as water, electric, gas, sewer, and other connections. A permit to wreck a building shall not be issued unless a release is obtained from the utilities stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed and/or sealed and plugged in a safe manner; nor shall a wrecking permit be issued until a report has been received from the public utility companies concerned, that said wrecking operations may be accomplished in such a manner as not to create a hazardous condition as a result of the proximity of such public utility installations.

a.

Before a permit is issued for the wrecking of any building, such application for permit shall be referred to the zoning administrator for examination of the premises to determine whether or not rodent and/or insect extermination procedures are necessary.

b.

The wrecking company, or person who secures the permit for the razing of the structure, will be held responsible for the compliance with these regulations and other laws and ordinances covering this subject. He will also be held responsible and liable for the acts of subcontractors or other persons who do any work of removal or destruction in the wrecking of the building. The methods to be used in wrecking shall not involve undue hazards to the public or unnecessary danger to the workmen and shall be in accordance with good practice. Crane, back hoe, bulldozer, high loader, ball, clam-bucket, chain, cable, and other similar mechanical devices shall not be used to wreck buildings or structures except in individual cases wherein detailed plans and proposed procedures are submitted with the application for wrecking permit and are approved by the building official. Suitable provision shall be made for the disposal of materials which are accumulated during the wrecking operations. No part of the structure shall be overloaded by excessive storage of materials or debris. Chutes, scaffolds, derricks, and hoists shall be strong and substantial, and safe for the purpose for which they are intended. Materials which, in their removal, would cause an excessive amount of dust, shall be well wet down to prevent the creation of a nuisance. No open fires or other sources of flame except necessary cutting torches will be permitted on the inside of the building which is being wrecked, not in close proximity to flammable materials outside of the building, and every precaution shall be taken to prevent the possibility of fire.

c.

Blasting and use of explosives shall be done only by a person licensed by the state and approved by the fire marshal and zoning administrator to perform such work and notification shall be given to the village and surrounding property owners within 300 feet of the site and within five calendar days of the work.

d.

The requirements of this section are designated as the minimum necessary for average conditions and, in the case of unusual or dangerous situations, adequate provision shall be made and every precaution taken to protect the safety of the public and workmen. All abandoned basements or cellars and holes shall be filled to grade, and all excess materials, rubbish, and debris shall not be permitted to remain on the premises above grade. The fire department shall be notified before removing standpipes, sprinklers, or fire protection water supplies.

(6)

Expiration of land use permit. If the work described in any land use permit has not begun with 12 months from the date of issuance thereof, said permit shall expire; it shall be canceled by the zoning administrator, and written notice thereof shall be given to the persons affected. If the work described in any land use permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the zoning administrator, and written notice thereof shall be given to the persons affected, together with notice that further work, as described in the canceled permit, shall not proceed unless, and until, a new land use permit has been obtained.

(7)

Timing of permits.

a.

The zoning administrator or appropriate governing body has the power to require a permit to be obtained on a promptly basis.

b.

The zoning administrator or appropriate governing body may require construction to commence within a specified date from the date of issuance of the permit, that the construction be pursued in a diligent manner, and that the construction be completed by a specified date.

c.

Any time periods specified in this chapter for the start and completion of a project may be modified by the applicable body as a condition of project approval.

(Ord. No. 202, art. 13, § 4, 11-6-2017)

(a)

No land, building, or part thereof, shall be occupied by, or for any use, unless and until a certificate of occupancy shall have been issued for such use. The following shall apply in the issuance of any certificate:

(1)

Certificates not to be issued. No certificate of land use compliance shall be issued for any building, structure or part thereof, or for the use of any land which is not in accordance with all the provisions of this chapter or for which a variance has been granted.

(2)

Certificates required. No building or structure, or parts thereof, which is hereafter erected, or altered, shall be occupied or used or the same caused to be done, unless and until a certificate of land use compliance shall have been issued for such building or structure.

(3)

Record of certificates. A record of all certificates issued shall be kept on file in the office of the zoning administrator, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

(4)

Application for certificates. Application for certificate of land use permit compliance shall be made, in writing, to the zoning administrator on forms furnished by that department, and such certificates shall be issued within five days after receipt of such application if it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and cause thereof, within the aforesaid five-day period.

(b)

A certificate of land use permit compliance for any improvement will not be issued nor shall the property be used or occupied in any way until the required physical site improvements are fulfilled. In instances where all improvements as required by this chapter are not completed and a temporary certificate of occupancy is requested, the cost of such remaining improvements shall be estimated by the zoning administrator, taking into account the criteria listed above. The zoning administrator may grant temporary occupancy if use of the premises does not constitute a hazard or nuisance. Temporary occupancy will not be granted until satisfactory cash bond or irrevocable letter of credit in the amount of the estimated cost of completion is filed with the village planning commission. If the work is not completed by the date specified on the temporary occupancy permit, the commission may use the cash, surety bond or irrevocable letter of credit to complete the improvements.

(Ord. No. 202, art. 13, § 5, 11-6-2017)

Fees for inspection and the issuance of permits or certificates of copies thereof, required or issued under the provisions of this chapter, may be collected by the zoning administrator in advance of issuance. The amount of such fees shall be established by resolution of the village board and shall cover the cost of inspection and supervision resulting from enforcement of this chapter.

(Ord. No. 202, art. 13, § 6, 11-6-2017)

Any request for information and/or complaint regarding an interpretation of a zoning provision, administrative or enforcement of any provisions shall be submitted to the village in writing for review and action. Only written communication will be considered.

(Ord. No. 202, art. 13, § 7, 11-6-2017)

(a)

Nuisance per se. Any land, dwellings, buildings or structures, including tents and trailer coaches, 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.

(b)

Inspection. The zoning administrator shall have the duty to investigate each alleged violation and shall have the right to inspect any property for which a zoning permit has been issued to ensure compliance with the plans and conditions of the zoning permit or approved site plan.

(c)

Penalties.

(1)

Any person, partnership, limited liability company, corporation, or association who creates or maintains a nuisance per se or who violates or fails to comply with this chapter or any permit issued pursuant to this chapter shall be responsible for a municipal civil infraction as defined in Public Act No. 12 of 1994, amending Public Act No. 236 of 1961, being MCL 600.101—600.9939, and shall be subject to a fine of not more than $500.00. Every day that such violation continues shall constitute a separate and distinct offense under the provisions of this chapter. Nothing in this section shall exempt the offender from compliance with provisions of this chapter.

(2)

The village zoning administrator is hereby designated as the authorized village official to issue municipal civil infraction citations directing alleged violators of this chapter to appear in court.

(3)

In addition to enforcing this chapter, as a municipal civil infraction, the village may initiate proceedings in the circuit court to abate or eliminate the nuisance per se or any other violation of this chapter.

(Ord. No. 202, art. 13, § 8, 11-6-2017)

The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(Ord. No. 202, art. 13, § 9, 11-6-2017)

(a)

Where in this chapter there is delegated to the zoning board of appeals and the planning commission the function of establishing certain physical site improvements as a contingency to securing a zoning amendment, site plan approval, special approval or variance, the zoning board of appeals or planning commission shall, to ensure strict compliance with any regulation contained herein or required as a condition of the issuance of a permit, require a cash, performance or surety bond executed by a reputable surety company authorized to do business in the state, or irrevocable letter of credit, in an amount determined by the zoning board of appeals or the planning commission to be reasonably necessary to ensure compliance hereunder; provided, however, that in fixing the amount of such cash, performance, surety bond or irrevocable letter of credit, consideration shall be given to the size and scope of the proposed improvement project, current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel the operator to comply by court decree, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application.

(b)

The performance guarantee shall be deposited with the planning commission at the time of the issuance of the permit authorizing the activity or project.

(c)

The planning commission shall establish procedures whereby a rebate of cash deposits, in reasonable proportion to the ratio of work completed on the required improvements, will be made as work progresses.

(d)

As used in this section, the term "improvements" means those features and actions associated with a project which are considered necessary by the body or official granting approval to protect natural resources or the health, safety and welfare of the residents of the village and future users or inhabitants of the proposed project or project area, including, but not limited to, roadways, paving, walls, curbing, striping, lighting utilities, sidewalks, screening landscaping and drainage.

(e)

Objection to a performance guarantee requirement must be in writing and filed with the planning commission within 30 days of notice of the requirement. The determination of the commission shall be final.

(Ord. No. 202, art. 13, § 10, 11-6-2017)