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East Tawas City Zoning Code

ARTICLE 44

XIII ADMINISTRATION AND ENFORCEMENT

Sec 44-452 Purpose

The purpose of this article is to provide for the organization of personnel and procedures for the administration of this chapter, including the submittal and review of land use and development plans, issuance of land and structural use zoning permits, inspections of properties for compliance with the zoning map and regulations, establishment and collection of permit fees, handling of violators and enforcement of the provisions of this chapter and any amendments to it.

(Code 1992, § 24-446; Ord. No. 304, § 1301, 6-2-2003)

Sec 44-453 Administration

  1. The provisions of this chapter shall be administered by the city council, the planning commission and such personnel as designated by the city council in accordance with the Michigan planning enabling act, Public Act No. 33 of 2008 (MCL 125.3801 et seq.) the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.) and this chapter.
  2. The city council shall employ a zoning administrator who shall act as the officer to carry out the enforcement of this chapter. The person selected, the terms of employment and the rate of compensation shall be established by the city council.

(Code 1992, § 24-447; Ord. No. 304, § 1302, 6-2-2003)

Sec 44-454 Duties Of Zoning Administrator

  1. The zoning administrator shall receive and review all applications for zoning permits and approve or disapprove applications that do not require site plan or sign review in accordance with article XI of this chapter, site plan review procedures.
  2. The zoning administrator shall assist the city council, the planning commission and the zoning board of appeals in the processing and administering of all zoning appeals and variances, site plan review, special uses and planned unit development applications and amendments to this chapter.
  3. The zoning administrator shall assist the city clerk in updating the zoning map and keeping it current.
  4. The zoning administrator shall keep a written record of all zoning permits issued during each month and submit it to the city council and the planning commission at their request. The record shall state the owner's name, location of property, intended use and estimated cost of construction for each permit.
  5. The zoning administrator shall maintain written records of all actions taken.

(Code 1992, § 24-448; Ord. No. 304, § 1302, 6-2-2003)

Sec 44-455 Zoning Permit

  1. When required. A zoning permit is required for all developments (including the construction, enlargement, alteration or moving of any dwelling, building or structure or any part thereof, being used or to be used for agricultural, residential, commercial, industrial, public or semi-public purposes) and shall be obtained from the office of the zoning administrator or his agent by the owner.
  2. When not required. A zoning permit is not required for repairs of a minor nature or minor alterations which do not change the use, occupancy, area, structural strength, fire hazard, fire protection, exits, light, and ventilation of a building.
  3. Application; required information. Application for a zoning permit shall be made in writing upon a form furnished by the zoning administrator, and shall include the following information:
    1. The location, shape, area and dimensions for the parcel, lot or acreage, and all existing improvements on the lot or parcel.
    2. The location of the proposed construction on the parcel, lot or acreage affected.
    3. The dimensions, height and bulk of all structures.
    4. The nature of the proposed construction, alteration or repair and the intended use.
    5. The proposed number of sleeping rooms, dwelling units, occupants, employees, customers and other uses.
    6. The present use of any structure affected by the construction or alteration.
    7. The yard, open area and parking space dimensions, if applicable.
    8. The proposed plan and specifications of off-street parking spaces, if applicable.
    9. The proposed plan and specifications of off-street loading and unloading spaces, if applicable.
    10. Any other information deemed necessary by the zoning administrator to determine and provide for the compliance with and the enforcement of this chapter. If the information included in and with the application is in compliance with these requirements and all other provisions of this chapter, the zoning administrator shall issue a zoning permit upon payment of the required zoning permit fee.
  4. Voiding of permit. A zoning permit shall be voided if work approved under the provisions of this zoning chapter fails to meet the following schedule:
    1. If an applicant has not requested the approval by the zoning administrator of the staking out of an approved project within 90 days from the date of the issuance of a zoning permit by the zoning administrator.
    2. If an applicant has not started construction of an approved project within six months of the date of approval of the staking out of an approved project for which a zoning permit has been issued.
    3. If an applicant has not completed construction within one year from the date of the approval of the staking out of a project by the zoning administrator, the applicant shall be required either:
      1. To apply or an extension of up to one year for the purpose of completing all construction approved under the zoning permit issued for the project; or
      2. Shall put the property back into its original condition in accordance with the provisions of a zoning permit to be issued by the zoning administrator for this purpose.
    4. If an applicant fails to complete the construction for which a zoning permit is issued within the above prescribed schedule, and does not seek additional time by applying for a zoning permit extension and does not upon notification by the zoning administrator proceed to put the property back into its original condition, then the city shall have the option of seeking whatever legal manner possible to put the property back into its original condition and place a tax lien upon the property for all costs involved in administrative and legal procedures and construction costs.
    5. The zoning administrator may suspend or revoke a permit issued in error or on a basis of incorrect information supplied by the applicant or his agent or in violation of any of the ordinances or regulations of the city.
  5. Fees, charges and expenses. The city council shall establish a schedule of fees, charges, and expenses, and a collection procedure for zoning permits, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the city office and may be altered or amended only by the city council. No permit, certificate, special use or planned unit development approval, or variance shall be issued until such costs, charges, fees or expenses listed in this chapter have been paid in full, nor shall any action be taken on proceedings before the zoning board of appeals, until preliminary charges and fees have been paid in full.
  6. Inspection.
    1. The construction or use affected by any zoning permit shall be subject to the following inspections:
      1. At the time of staking out a building foundation or location of a structure or activity area.
      2. Upon completion of the construction authorized by the permit.
    2. The permit holder shall provide 48 hours' notice for the requested inspections.
    3. It shall be the duty of the holder of every permit to notify the zoning administrator when construction is ready for inspection. Upon receipt of such notification for the first inspection, the zoning administrator shall determine whether the location of the proposed building, as indicated by corner stakes, is in accordance with yard setbacks and other requirements of this chapter. The zoning administrator shall issue written approval at the time of inspection if the building or proposed construction meets the requirements of this chapter.
    4. Should the zoning administrator determine that the building or structure is not located according to the site and construction plans filed, or is in violation of any provision of this chapter or any other applicable law, he shall notify, in writing, the holder of the permit. Further construction shall be stayed until correction of the defects set forth has been accomplished and approved upon notice and request for re-inspection by the applicant and those inspections completed and compliance certified by the zoning administrator.
    5. Should a zoning permit holder fail to comply with the requirements of the zoning administrator at any inspection stage, the zoning administrator shall cause notice of such permit cancellation. The cancellation shall be securely and conspicuously posted upon or affixed to the construction site and shall specify those items not conforming to the requirements of this chapter. Such posting shall be considered as service upon the notice to the permit holder of cancellation thereof, and no further work upon such construction shall be undertaken or permitted until such time as the requirements of this chapter have been met. Failure of the permit holder to make proper notification of the time for inspection shall automatically cancel the permit, requiring issuance of a new permit before construction may proceed.

(Code 1992, § 24-449; Ord. No. 304, § 1304, 6-2-2003)

Sec 44-456 Violations

Any building or structure, including mobile homes, which is erected, constructed, reconstructed, altered, converted, maintained or changed without following the provisions of this chapter is a violation of this chapter and subject to penalties and enforcement procedures.

(Code 1992, § 24-450; Ord. No. 304, § 1305, 6-2-2003)

Sec 44-457 Penalties

Any person or agent in charge of a building or land who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any provision of this chapter, or any amendment thereof, shall be responsible for a municipal civil infraction. Each and every day during which any illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. The city council, or any owner or owners of real estate within the district in which such buildings, structures or land use is situated, may institute injunction, mandamus abatement or any other appropriate action, actions or proceedings to prevent, enjoin, abate or remove any such unlawful erection, construction, maintenance or use of land, buildings or structures. The rights and remedies provided herein are cumulative, and in addition to all other remedies provided by law.

(Code 1992, § 24-451; Ord. No. 304, § 1306, 6-2-2003)