The provisions of this Ordinance shall be administered and enforced by the Zoning Enforcement Officer (Village Manager) or designee.

The following are the duties of the Zoning Enforcement Officer shall include the following:

A.

Interpret the provisions of this Ordinance, but at all times retains the right to forward that right to the Zoning Board of Appeals.

B.

Receive and review for completeness all applications for site plan review, special land uses, planned unit developments, or other matters that the Planning Commission is required to decide under this Ordinance and refer such applications to the Planning Commission, and where applicable, the Village Board of Trustees for determination.

C.

Receive and review for completeness all applications for appeals, variances, or other matters that the Zoning Board of Appeals is required to decide under this Ordinance and refer such applications to the Zoning Board of Appeals for determination.

D.

Receive and review for completeness all applications for text or map (rezoning) amendments to this Ordinance and refer such applications to the Planning Commission and Village Board of Trustees for determination.

E.

Make periodic site inspections to determine compliance with this Ordinance.

F.

Implement the decisions of the Planning Commission, Zoning Board of Appeals, and Village Board of Trustees.

G.

Investigate complaints regarding violations of the Zoning Ordinance.

H.

Grant certificates of zoning compliance and to make inspections of buildings or premises necessary to carry out duties in the enforcement of this Ordinance; and to interpret the provisions of this Ordinance.

A.

Permits Required: It shall be unlawful for any person to commence excavation for, construction of any building or structure, structural alteration, or repairs in any existing building, without first obtaining a zoning compliance permit, and building permit as applicable, from the Zoning Enforcement Officer. No permit shall be issued for construction, alteration, or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this Ordinance showing that the construction proposed is in compliance with the provisions of this Ordinance, with the Building Code, and with other applicable ordinances.

B.

Applicability: The types of buildings, structures, and uses subject to a zoning compliance permit include, but are not limited to the following: external modifications/additions that require a building permit (including temporary dwellings), change of use, landscape modifications (excluding stand-alone single family structures located outside of a subdivision), one-story detached accessory structures of less than two hundred (200) sq. ft., fences/walls/protective barriers, sidewalks, driveways, and off-street parking/loading areas, lighting, signs, and home occupations.

C.

Zoning Compliance Permit: The zoning compliance permit signifies that, in the opinion of the Zoning Enforcement Officer, the intended use, building, or structure complies with all provisions of this ordinance. When a building permit is required, such permit shall not be issued unless the zoning compliance permit has been issued. In all other cases in which a building permit is not required, the application for a zoning compliance permit shall be made prior to the date when construction or installation is intended to begin. The Building Official shall not issue a certificate of occupancy for any lot, building, or structure without a zoning compliance permit.

D.

Validity and Expiration: All zoning compliance permits, when issued, shall be valid for the duration of the building permit providing no changes have been made which would invalidate the original approval. If a building permit is not required, the zoning compliance permit shall be valid for a period of one (1) year but may be extended for a further period of not to exceed one (1) year, if the Zoning Enforcement Officer shall find good cause shown for failure to complete work for which said permit was issued.

Should the holder of a zoning compliance permit fail to complete the work for which the permit was issued within the time limit as set forth above, any unfinished structure is hereby declared a nuisance, per se, and the same may be abated by appropriate action before the Circuit Court of the County. The Board of Appeals, the Village Board of Trustees, any person designated by the Village Board of Trustees or any aggrieved person may institute an action to have the nuisance abated.

E.

Submittal Requirements: An application for a zoning compliance permit shall be accompanied by a development plan as required in this section, unless a site plan is required under Article 8 Site Plan Review, herein, in which case the provisions of this Section shall not apply. When required, such development plan shall be drawn to scale, submitted in two (2) copies and shall provide the following listed information. One (1) copy will be returned to the applicant that is signed by the Zoning Enforcement Officer and marked either as approved, approved with conditions, or disapproved.

1.

Scale, date, and north point.

2.

Location, shape, and dimensions of the lot.

3.

Dimensioned location, outline, and dimensions of all existing and proposed structures.

4.

A clear description of existing and intended uses of all structures.

5.

Additional information as required by the Zoning Enforcement Officer for the purpose of determining compliance with the provisions of this ordinance.

A.

Certificate Required. It shall be unlawful to use, occupy, or permit the use of any building or premise, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy is issued by the Building Official. However, it shall not be issued until the Zoning Enforcement Officer issues a zoning compliance permit. Site inspection may be necessary prior to issuance of this permit. Any person who uses, occupies, or permits the use of a building without a certificate of occupancy, when applicable, shall be a violation of this Ordinance and punishable under Section 3.12, herein.

B.

Use of Lot Without Structure. Any lot vacant at the effective date of this Ordinance shall not be used, nor may any use of a lot without a structure existing at the effective date of this Ordinance be changed to any other use unless a certificate of occupancy shall first have been issued for the new or different use.

C.

Change in Building Use. A structure or part thereof shall not be changed to or occupied by a use different from the existing use at the effective date of this Ordinance unless a certificate of occupancy is first issued for the different use.

D.

New or Altered Building. Any structure, or part thereof, which is erected or altered after the effective date of this Ordinance, shall not be occupied, or used until a certificate of occupancy is issued for such structure.

E.

Existing Structure and Use. A certificate of occupancy shall be issued, upon request of the owner, for an existing structure or part thereof, or for an existing use of land, including legal non-conforming uses and structures if after inspection of the premises, it is found that such structure or use complies with all provisions of this Ordinance. All legal nonconformities shall be clearly described on the certificate of occupancy.

F.

Accessory Structures for Residences. An accessory structure for a residence shall require a separate certificate of occupancy, unless included in the certificate of occupancy issued for the residential structure, when such accessory structure is completed at the same time as the residence structure.

G.

Application. Application for certificates of occupancy shall be made in writing to the Building Official on forms therefore furnished.

H.

Certificates to Include Zoning. Certificates of occupancy as required by the Village Building Code for new buildings or structures, or parts thereof, or for alterations to existing buildings or structures, shall also constitute certificates of occupancy as required by this Ordinance.

The applicant for a certificate of occupancy or building permit shall notify the Building Official when inspection is desired. Certificates and permits shall be issued within ten (10) days after receipt of such application if the building or structure, or part thereof, or the use of land, complies with the provisions of this Ordinance. If issuance of such certificate is refused, the applicant therefore shall be notified of such refusal and cause thereof, within the ten (10) day period.

The Zoning Enforcement Officer shall maintain a record of all certificates and permits and said record shall be open for public inspection.

The Village Board of Trustees shall establish by resolution a schedule of fees for administering this Article. The schedule of fees shall be posted on public display in the office of the Zoning Enforcement Officer and may be changed only by the Village Board of Trustees. No certificate or permit shall be issued unless required fees have been paid in full.

Zoning compliance permits issued on the basis of plans and applications approved by the Zoning Enforcement Officer authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction which deviates with that authorized shall be deemed a violation of this Ordinance and punishable as provided by Section 3.12, herein.

The Village Planning Commission, Village Board of Trustees, or Zoning Board of Appeals may withhold granting of approval of any use, site plan, Planned Unit Development or other approval required by this Ordinance pending approvals required by state, county or federal agencies or departments.

A.

Construction Has Begun. Nothing in this Ordinance shall require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption of this Ordinance or later amendment which may apply.

B.

Construction, Defined. Actual construction is defined to include the placing of construction materials in a permanent position and fastening them in a permanent manner. Excavation, demolition, or the removal of materials shall be defined as construction.

C.

Building Permit Issued. Where a building permit has been issued, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further, may upon completion be occupied by the use for which it was originally designed. Approved construction must be diligently pursued to completion within three hundred sixty-five (365) days of the permit's effective date.

A.

Purpose and Intent. In the interest of insuring compliance with the Zoning Ordinance provisions, protecting the natural resources and the health, safety, and welfare of the residents of the Village and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the Village may require the applicant to deposit a performance guarantee for any or all site improvements required by this Ordinance.

1.

Guarantee in the form of a cash deposit, certified check, irrevocable bank letter of credit or surety bond shall be provided in a form acceptable to the Village. The amount of such guarantee shall cover all improvements not normally covered in the building permit, i.e., berms, walls, landscaping, lighting, surfacing of drives, parking, service drives, acceleration/deceleration lanes, bypass lanes and other traffic control devices, etc. The guarantee shall include a schedule of costs assigned to the different improvements based upon an estimate submitted by the applicant and verified by the Village. The Village shall be authorized to employ the Village Engineer and/or other Village consultants to review cost estimates and conduct periodic inspection of the progress of improvements. Monies may be released to the applicant in proportion of work completed on the different elements after inspection of work and approval of the Building Official. Any partial release of funds shall be less than ten (10%) percent which shall be retained by the Village until all work has been completed and subsequently inspected and approved by the Building Official.

2.

If more than one bond or guarantee is involved in construction of the improvements required in this section, each such assurance shall be treated as a separate agreement and the ten (10%) percent holdback may be released upon satisfactory completion of such phase of construction and approval of the Building Official.

3.

In instances where all improvements, as required in this section, are not completed, and a temporary certificate of occupancy is requested, the estimated cost of such improvement shall be verified by the Building Official, particularly with respect to any delay to another construction season. In those instances where the estimated cost has changed, then a revised guarantee, acceptable to the Village, shall be filed with the clerk covering such improvements.

B.

Procedure.

1.

When a performance guarantee is required, said performance guarantee shall be deposited with the Village prior to the issuance of a building permit for the development and use of the land. Upon the deposit of the performance guarantee, the Village shall issue the appropriate building permit, and the Village shall thereafter deposit the performance guarantee, in the form of a cash deposit or certified check.

2.

At the time the performance guarantee is deposited with the Village and prior to the issuance of a building permit, the applicant shall enter into an agreement with the Village incorporating the performance guarantee provisions.

3.

The agreement shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. The period will begin from the date of the issuance of the building permit.

4.

In the event the performance guarantee deposited is a cash deposit or a certified check, the Village shall rebate to the applicant, upon request from the applicant, fifty (50%) percent of the deposited funds when the applicant has completed seventy-five (75%) percent of the required improvements as confirmed by the Village. The remaining fifty (50%) percent of the deposited funds shall be returned when the applicant completed one hundred (100%) percent of the required improvements and there is compliance with the Ordinance as confirmed by the Village.

5.

In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the Village, the Village shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvements through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements.

6.

If the performance guarantee is not sufficient to allow the Village to complete the improvements for which such guarantee was posted, the applicant shall be required to pay the Village the amount by which the cost of completing the improvements exceeds the amount of the performance guarantee, or a portion thereof, to complete the required improvements, any amounts remaining after said completion shall be applied first to the Village's administrative costs including, without limitation, attorney fees, planning consultant fees, and engineering consultant fees in completing the improvement with any balance remaining being refunded to the applicant.

C.

Guarantee with Other Agencies. If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the Village to ensure completion of an improvement associated with the site, the applicant shall not be required to deposit with the Village a performance guarantee for that same improvement.

A.

Violations. If the Zoning Enforcement Officer shall find that any of the provisions of this Ordinance are being violated, the person responsible shall be notified in writing for such violations, indicating the nature of the violation, and ordering the action necessary to correct it. Discontinuance shall be ordered of illegal use(s) of land, buildings, or structures; removal of illegal buildings or structures; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to ensure compliance with, or to prevent violation of its provisions. Violations shall be issued by the Zoning Enforcement Officer. Violations of the provisions of this Ordinance, or failure to comply with any of its requirements and provisions of permits and certificates granted in accordance with this Ordinance shall constitute a municipal civil infraction for which the fine shall be no less than one hundred ($100) dollars, nor more than five hundred ($500) dollars for the first offense. Subsequent offenses shall be not less than five hundred ($500) dollars or more than one thousand ($1,000) dollars for each offense. Each day such violation continues shall be considered a separate offense. The owner of record or tenant of any building, structure, premise, 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 provided by law.

B.

Compliance Required. The imposition of any fine, or jail sentence, or both shall not exempt the violator from compliance with the provisions of this Ordinance.

C.

Public Nuisance Per Se. A use of land or a dwelling, building, or structure, including a tent or recreational vehicle, used, erected, altered, razed, or converted in violation of this Ordinance or a regulation adopted under the authority of the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended, is a nuisance per se, and may be abated by order of any court of competent jurisdiction.