East China Township
City Zoning Code
City Zoning Code
ARTICLE 22
Administration and Enforcement
§ 480-85 Conformance with provisions of chapter required.
No building or structure or part thereof shall hereafter be erected, constructed or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.
§ 480-86 Duties of Building Official.
The provisions of this chapter shall be administered and enforced by the Building Official, or his deputies, or such other official or officials as may be designated by the Township Board. Specific duties of the Building Official include the following:
Grant permits and make inspections. The Building Official shall have the power to grant zoning compliance and occupancy permits and to make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this chapter.
Inspect plans for conformance. It shall be unlawful for the Building Official 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 to this chapter.
Record nonconforming uses. The Building Official shall record all nonconforming uses existing at the effective date of this chapter for the purpose of carrying out the provisions of Article 18, Nonconforming Situations.
Carry out terms of chapter. Under no circumstances is the Building Official permitted to make changes to this chapter, nor to vary the terms of this chapter, in carrying out his duties as Building Official.
Issue permits if in compliance with chapter. The Building Official 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.
§ 480-87 Plot plans and grading plans.
[Amended 3-3-2008 by Ord. No. 297]
The Building Official shall require that all applications for building permits be accompanied by plans and specifications, including a plot plan, in triplicate, drawn to scale, showing the following;
Legal description of the property.
Address of the property, owner's name and telephone number.
North arrow and location map.
The actual shape, location, and dimensions of the lot, including all easements.
The location of all utility lines, poles, manholes and appurtenances. Also, the location of all features such as fences, trees, sidewalks, patios, driveways. For a residential accessory structure, this information may be limited to the area within 20 feet of the proposed structure.
The shape, size, and location of all buildings or other structures to be erected, altered, or moved and all existing buildings and other structures on the lot.
The existing and intended use of the lot and all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.
A grading plan prepared by a registered engineer or licensed surveyor. A grading plan is not required if the Building Official confirms no grade change will occur. Such plan shall include:
Existing and proposed topography using spot elevations, flow arrows, and contour lines to clearly indicate existing and proposed drainage patterns for the entire site and all abutting land within 10 feet of the property lines. The topographic data shall extend to the edge of the road surface where the property abuts road right-of-way.
Elevations for proposed structures or structures to remain, including basement and first floor elevations.
Two permanent benchmarks, which will not be disturbed during construction and are tied to USC and GS datum.
Invert elevation, rim elevation, percentage of grade and manhole locations for all storm and sanitary sewers.
Plan and details of proposed drainage structures.
Designer's seal, signature, address and phone number.
Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.
The following standards shall apply to grading plans:
The ground should be sloped away from buildings at a grade of 5% for a distance of 10 feet.
Yard slopes should be at least 1% and not more than 3% unless necessary due to existing topography.
Where practical, existing drainage onto adjoining parcels shall be eliminated.
There shall be no increased volume or concentration of drainage onto adjoining properties unless a drainage easement is first obtained. A copy of the recorded easement shall be provided to the Township before a permit is issued.
Existing drainage from adjacent properties shall be accommodated without restriction or interference.
Proposed elevations shall match the existing elevation at the property lines.
§ 480-88 Permits; certificate of occupancy.
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 chapter.
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 occupancy is first obtained for the new or different use.
No building or structure, or part thereof, shall be hereafter erected, altered, moved, or repaired unless a building 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 Charter Township of East China Building Code, Housing Law, or this chapter, except for minor repairs or changes not involving any of the aforesaid features.
The holder of every building permit for the construction, erection, alteration, repair or moving of any building, structure or part thereof shall notify the Building Official immediately upon the completion of the work authorized by such permit, for a final inspection.
Landfill permit. A landfill permit shall be obtained in accordance with the provisions of the East China Township Code of Ordinances for all grading involving filling the site with 20 or more cubic yards of earth procured from off the site.
[Amended 3-3-2008 by Ord. No. 297]
§ 480-89 As-built drawings.
[Amended 3-3-2008 by Ord. No. 297]
Prior to the issuance of a final certificate of occupancy, one set of as-built plans must be submitted to the Township. The purpose of the as-built drawing is to clearly identify the location of permitted improvements and, if applicable, demonstrate compliance with the grading plan. Such plans shall be drawn with an accuracy of +/- one foot horizontal, +/- one hundredth of one foot vertical, sealed and signed by a registered architect, engineer or land surveyor, bearing the date the survey was completed and shall include the following:
The location and elevation of all buildings.
The location and elevations of drainage structures and pipes, water service leads and shutoff valves, and sanitary sewer leads and cleanouts that were constructed or altered as part of the permitted improvements. Locations of such structures shall be referenced by two-dimensional ties to permanent features such as building corners or property irons.
The actual elevations, contours and drainage patterns in comparison with all of the approved elevations.
The Township shall either accept the as-built drawing if it is found to be in substantial compliance with the approved plan, or, within 30 days' notification, the applicant shall make all necessary corrections and provide a revised as-built drawing to the Township.
§ 480-90 Certificates of occupancy.
No land, building, or part thereof shall be occupied by or used for any purpose unless and until a certificate of occupancy shall have been issued for such use.
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 occupancy is first obtained for the new or different use.
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 occupancy shall have been issued for such building or structure.
Buildings or structures accessory to dwellings shall not require separate certificates of occupancy, but maybe included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.
The following shall apply in the issuance of any certificate:
No certificates of occupancy 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.
Certificates of occupancy as required by the Township Building Code. (See Chapter 172, Building Construction.) For new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this chapter.
[Amended 3-3-2008 by Ord. No. 297]
A record of all certificates issued shall be kept on file in the office of the Building Official, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.
If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and cause thereof.
§ 480-91 Fees.
Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter maybe collected by the Township in advance of issuance. The amount of such fees shall be established by resolution of the Township Board and should cover the cost of administration of this chapter.
§ 480-92 Public hearings.
§ 480-93 Violations and penalties.
The owner of any building, structure or premises or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation shall be responsible for a separate infraction and upon a finding of responsibility therefor shall be liable for the fine(s) as herein provided. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
Any person, firm or corporation violating any of the provisions of this chapter shall be responsible for a municipal civil infraction, shall be subject to a fine for each infraction as established by the Township Board, along with the costs for prosecution. The imposition of any penalty shall not exempt the offender from compliance with the requirements of this chapter.
§ 480-94 Abatement of public nuisance.
Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se and may be abated by order of any court of competent jurisdiction.
§ 480-95 Minimum requirements adopted.
In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare.
§ 480-96 Nonexclusiveness of application.
It is not intended by this chapter to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision 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 imposed a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.
§ 480-97 Greater conflicting regulations control.
Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such ordinance shall govern.
§ 480-98 Vested rights subject to amendment.
Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or any permissible activities therein; and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.
§ 480-99 Changes or amendments by Township Board.
The Township Board may from time to time, on recommendation from the Planning Commission, or on petition, amend, supplement or change the district boundaries of the regulations herein, or subsequently established herein, pursuant to the authority and procedure established in Act 184 of the Public Acts of 1943, as amended.[1]
[1]
Editor's Note: See MCLA § 125.271 et seq.
§ 480-100 Designated to perform zoning duties.
§ 480-101 Performance guarantee.
[Added 1-7-2013 by Ord. No. 308]
To ensure compliance with this chapter and any condition imposed hereunder, the Township Board, Planning Commission, and/or Building Official may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the Township, covering 50% of the estimated costs of improvements associated with a project for which site plan approval is sought, be deposited with the Township to ensure faithful completion of the improvements.
The performance guarantee shall be deposited at the time of the issuance of the building permit authorizing the activity or project or prior to the issuance of a temporary certificate of occupancy. The Township may utilize the Township Engineer in reviewing or establishing the estimated cost of improvements for the project. The Township shall establish procedures whereby a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements will be made as work progresses.
As used in this section, "improvements" means those features and actions associated with a project that 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 Township and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, landscaping and drainage.