ADMINISTRATION AND ENFORCEMENT
The provisions of this chapter shall be administered and enforced by a zoning administrator or by such deputies of his department as the village council shall appoint to enforce the provisions of this chapter.
(Ord. of 5-28-2002, § 4.00.00)
It is the purpose of this section to identify and establish the permits that shall be required in order to prevent unsafe or unlawful conditions from developing; these permits are as follows:
(1)
Zoning compliance permit required. Before any building permit may be issued, or before any land or structure is put to any new or different use, or before any land is filled or excavated, a zoning compliance permit (also identified as a land use permit) shall be obtained. Application forms shall be available at the office of the village clerk. The zoning compliance permit form shall:
(a)
Show the name and address of the owner (and of the applicant if other than the owner).
(b)
Shall be accompanied by plans and specifications including a scale site plan and, where applicable (see section 54-56, performance standards), an environmental impact statement.
(c)
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.
(d)
The shape, size and location of all structures to be erected, altered, razed or moved on the property as proposed in the application.
(e)
Whether the present use is conforming or nonconforming and whether the proposed use is a permitted or special approval use.
(f)
The approval and authorized signature of the zoning administrator or other authorized agent.
(g)
Such other information concerning the lot or adjoining lots and structures as may be essential to establish compliance with the provisions of this chapter are being observed (e.g. elevations describing historical community motif).
(h)
No land use permit shall be required for any construction which does not increase the area of the building in question or for sidewalk construction.
(i)
Requests for outdoor assembly, concerts, revival meetings, circuses and carnivals, special approval shall be accompanied by a statement of the time period requested and shall give detailed information on the type of activity and anticipated size of audience. Provisions for public safety and sanitary facilities and site cleanup shall also be included and when deemed necessary a performance bond may be required as a condition of approval.
(2)
Building construction permit. Any structure or building constructed, altered, moved or demolished shall require a building permit in accordance with the provisions of the state building code, issued by the Sanilac County Building and Land Use Department. While residences must comply with the residential building code requirements, all other structures shall comply with the state building code requirements for the district in which they are located.
(3)
Building maintenance permit. In cases where the work applied for is one of the following: Replacement of roofing shingles, exterior siding, windows or doors, a building permit pre-application (but not a building permit) is required to ensure that the project is completed within six months. Failure to obtain the permit or to complete the project within six months shall be a Grade A civil infraction.
(4)
Building occupancy permit. No building, structures, or additions thereto shall be occupied until an occupancy permit has been issued by the county building inspector.
(a)
The occupancy permit shall indicate that all required building code inspections have been made.
(b)
In certain cases the county inspector may approve a temporary certificate of occupancy for a period not to exceed six months, if approved by the village council, who may require a cash bond to be posted to insure compliance with the reasons for the time extension.
(5)
Land removal and/or land fill permit. Before any land in the village is stripped, excavated, quarried, removed or stockpiled or before any land filling operations are conducted a permit shall be obtained from the zoning administrator in accordance with procedures hereinafter provided. Permits will not be required for agricultural practices or operations incidental thereto, nor will a land removal or filling permit he required when such operations are incidental to a construction project covered by a building permit. It is the intent of this provision to regulate any filling or excavating in the public right-of-way or on any private lands where the results of such filling or excavating will cause unsafe conditions, soil erosion or drainage problems. An application for a land removal or a land fill permit shall be made to the zoning administrator containing the following information:
(a)
Names and addresses of parties of interest in the property effected, with a statement of each party's interest.
(b)
A description of the property.
(c)
Detailed statement of the type of operation, equipment to be used and estimated period of time operation will be in effect.
(d)
A statement of the proposed method of restoring the property when the operation is completed.
(e)
A site plan scaled at no more than 200 feet to the inch of the area of operation (maximum ten acres) with existing contour lines at not more than five-foot intervals. Additionally, a drawing shall be submitted showing the proposed contours for the property upon completion.
(f)
A soil erosion permit, where required by Public Act 347 of 1972, shall be obtained from Sanilac County Soil Erosion and Sedimentation Control Agency and a copy thereof filed with the zoning administrator before final approval of any land removal or filling permit.
(g)
Such additional information as may be required by the zoning administrator.
(h)
A permit fee deposit in the amount set annually by resolution, half of which will be used to cover the cost of interim and final inspections when the operation has been completed and the balance of which will be used to cover village expenses for administrative and engineering review. Any portion of the deposit, except the inspection fee, that is unused will be returned to the applicant. Should expenses exceed the deposit the outstanding balance shall be paid by the applicant.
(i)
In cases where certain operations are to be conducted in the public right-of-way and a village ordinance has been adopted for the purpose of regulation, all provisions of said ordinance not in conflict with those provisions, shall also apply.
(Ord. of 5-28-2002, § 4.01.00)
The holder of every building permit for the construction, erection, alteration or moving of any building, structure or part thereof, shall notify the zoning administrator immediately upon the completion of the work authorized by such permit, for a final inspection.
(Ord. of 5-28-2002, § 4.02.00)
Fees for inspection and the issuance of permits or certificates or 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 council and shall cover the cost of inspection and supervision resulting from enforcement of this chapter.
(Ord. of 5-28-2002, § 4.03.00)
A petition for amendment of the zoning ordinance by the owner of real estate to be affected shall be accompanied by the a fee established by annual fee resolution, the amount of such fee shall be set by resolution of the village council and shall be placed in the general fund to defray the expense of said public bearing.
(Ord. of 5-28-2002, § 4.04.00)
In interpreting and applying this chapter, the provisions of this chapter shall be held to be the minimum requirements adopted for the protection of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul, or in any way to impair or interfere with any existing provisions of law or ordinance other than the above-described zoning ordinance, or with any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.
(Ord. of 5-28-2002, § 4.05.00)
The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
(Ord. of 5-28-2002, § 4.06.00)
In circumstances where the village has empowered a building inspector:
(1)
The building inspector shall review all applications and issue all building permits.
(2)
Periodic inspections shall be made during construction progress in accordance with current building codes, ordinances and adopted standards and regulations.
(3)
Upon satisfactory completion of all requirements, including final inspection, the building inspector shall issue a certificate of occupancy.
(Ord. of 5-28-2002, § 4.07.00)
The zoning administrator and/or building inspector (where applicable) shall submit each month a written summary of the preceding month's activities to the village council.
(Ord. of 5-28-2002, § 4.08.00)
In all cases, permits and certificates of occupancy approved by the zoning administrator and building inspector, and inspections made during the course of construction shall in no way relieve the applicant and owner of the ultimate responsibility to comply with all applicable laws of the village, state, county or federal government.
(Ord. of 5-28-2002, § 4.09.00)
ADMINISTRATION AND ENFORCEMENT
The provisions of this chapter shall be administered and enforced by a zoning administrator or by such deputies of his department as the village council shall appoint to enforce the provisions of this chapter.
(Ord. of 5-28-2002, § 4.00.00)
It is the purpose of this section to identify and establish the permits that shall be required in order to prevent unsafe or unlawful conditions from developing; these permits are as follows:
(1)
Zoning compliance permit required. Before any building permit may be issued, or before any land or structure is put to any new or different use, or before any land is filled or excavated, a zoning compliance permit (also identified as a land use permit) shall be obtained. Application forms shall be available at the office of the village clerk. The zoning compliance permit form shall:
(a)
Show the name and address of the owner (and of the applicant if other than the owner).
(b)
Shall be accompanied by plans and specifications including a scale site plan and, where applicable (see section 54-56, performance standards), an environmental impact statement.
(c)
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.
(d)
The shape, size and location of all structures to be erected, altered, razed or moved on the property as proposed in the application.
(e)
Whether the present use is conforming or nonconforming and whether the proposed use is a permitted or special approval use.
(f)
The approval and authorized signature of the zoning administrator or other authorized agent.
(g)
Such other information concerning the lot or adjoining lots and structures as may be essential to establish compliance with the provisions of this chapter are being observed (e.g. elevations describing historical community motif).
(h)
No land use permit shall be required for any construction which does not increase the area of the building in question or for sidewalk construction.
(i)
Requests for outdoor assembly, concerts, revival meetings, circuses and carnivals, special approval shall be accompanied by a statement of the time period requested and shall give detailed information on the type of activity and anticipated size of audience. Provisions for public safety and sanitary facilities and site cleanup shall also be included and when deemed necessary a performance bond may be required as a condition of approval.
(2)
Building construction permit. Any structure or building constructed, altered, moved or demolished shall require a building permit in accordance with the provisions of the state building code, issued by the Sanilac County Building and Land Use Department. While residences must comply with the residential building code requirements, all other structures shall comply with the state building code requirements for the district in which they are located.
(3)
Building maintenance permit. In cases where the work applied for is one of the following: Replacement of roofing shingles, exterior siding, windows or doors, a building permit pre-application (but not a building permit) is required to ensure that the project is completed within six months. Failure to obtain the permit or to complete the project within six months shall be a Grade A civil infraction.
(4)
Building occupancy permit. No building, structures, or additions thereto shall be occupied until an occupancy permit has been issued by the county building inspector.
(a)
The occupancy permit shall indicate that all required building code inspections have been made.
(b)
In certain cases the county inspector may approve a temporary certificate of occupancy for a period not to exceed six months, if approved by the village council, who may require a cash bond to be posted to insure compliance with the reasons for the time extension.
(5)
Land removal and/or land fill permit. Before any land in the village is stripped, excavated, quarried, removed or stockpiled or before any land filling operations are conducted a permit shall be obtained from the zoning administrator in accordance with procedures hereinafter provided. Permits will not be required for agricultural practices or operations incidental thereto, nor will a land removal or filling permit he required when such operations are incidental to a construction project covered by a building permit. It is the intent of this provision to regulate any filling or excavating in the public right-of-way or on any private lands where the results of such filling or excavating will cause unsafe conditions, soil erosion or drainage problems. An application for a land removal or a land fill permit shall be made to the zoning administrator containing the following information:
(a)
Names and addresses of parties of interest in the property effected, with a statement of each party's interest.
(b)
A description of the property.
(c)
Detailed statement of the type of operation, equipment to be used and estimated period of time operation will be in effect.
(d)
A statement of the proposed method of restoring the property when the operation is completed.
(e)
A site plan scaled at no more than 200 feet to the inch of the area of operation (maximum ten acres) with existing contour lines at not more than five-foot intervals. Additionally, a drawing shall be submitted showing the proposed contours for the property upon completion.
(f)
A soil erosion permit, where required by Public Act 347 of 1972, shall be obtained from Sanilac County Soil Erosion and Sedimentation Control Agency and a copy thereof filed with the zoning administrator before final approval of any land removal or filling permit.
(g)
Such additional information as may be required by the zoning administrator.
(h)
A permit fee deposit in the amount set annually by resolution, half of which will be used to cover the cost of interim and final inspections when the operation has been completed and the balance of which will be used to cover village expenses for administrative and engineering review. Any portion of the deposit, except the inspection fee, that is unused will be returned to the applicant. Should expenses exceed the deposit the outstanding balance shall be paid by the applicant.
(i)
In cases where certain operations are to be conducted in the public right-of-way and a village ordinance has been adopted for the purpose of regulation, all provisions of said ordinance not in conflict with those provisions, shall also apply.
(Ord. of 5-28-2002, § 4.01.00)
The holder of every building permit for the construction, erection, alteration or moving of any building, structure or part thereof, shall notify the zoning administrator immediately upon the completion of the work authorized by such permit, for a final inspection.
(Ord. of 5-28-2002, § 4.02.00)
Fees for inspection and the issuance of permits or certificates or 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 council and shall cover the cost of inspection and supervision resulting from enforcement of this chapter.
(Ord. of 5-28-2002, § 4.03.00)
A petition for amendment of the zoning ordinance by the owner of real estate to be affected shall be accompanied by the a fee established by annual fee resolution, the amount of such fee shall be set by resolution of the village council and shall be placed in the general fund to defray the expense of said public bearing.
(Ord. of 5-28-2002, § 4.04.00)
In interpreting and applying this chapter, the provisions of this chapter shall be held to be the minimum requirements adopted for the protection of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul, or in any way to impair or interfere with any existing provisions of law or ordinance other than the above-described zoning ordinance, or with any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.
(Ord. of 5-28-2002, § 4.05.00)
The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
(Ord. of 5-28-2002, § 4.06.00)
In circumstances where the village has empowered a building inspector:
(1)
The building inspector shall review all applications and issue all building permits.
(2)
Periodic inspections shall be made during construction progress in accordance with current building codes, ordinances and adopted standards and regulations.
(3)
Upon satisfactory completion of all requirements, including final inspection, the building inspector shall issue a certificate of occupancy.
(Ord. of 5-28-2002, § 4.07.00)
The zoning administrator and/or building inspector (where applicable) shall submit each month a written summary of the preceding month's activities to the village council.
(Ord. of 5-28-2002, § 4.08.00)
In all cases, permits and certificates of occupancy approved by the zoning administrator and building inspector, and inspections made during the course of construction shall in no way relieve the applicant and owner of the ultimate responsibility to comply with all applicable laws of the village, state, county or federal government.
(Ord. of 5-28-2002, § 4.09.00)