The provisions of this chapter shall be administrated by the building official, or any of his duly authorized assistants.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

The building official shall have the power to enforce the provisions of this chapter, grant certificates of zoning compliance and certificates of occupancy and to make inspections of buildings or premises necessary in the enforcement of this chapter.

B.

It shall be unlawful for the building official to approve plans or issue any permits or certificates of occupancy for any excavation, construction or use until he has inspected such plans in detail and has found them to conform to this chapter and any other applicable city codes and regulations.

C.

If the building official shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures; discontinuance of illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

D.

The building official shall not vary or change any terms of this chapter.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

The building official shall require that every application for construction, relocation, rearrangement, alteration or change in type of use or type occupancy shall be accompanied by a written statement and plans drawn to an engineer's scale that shows the following in sufficient detail to enable the building official to determine conformance with this chapter:

1.

The actual shape, location, and dimensions of the lot; if the lot is not a lot of record, sufficient survey data to locate the lot on the ground.

2.

The shape, size, and location of all buildings or other structures to be erected, altered or moved, and of any other buildings or other structures already on the lot.

3.

A written description of the existing and intended use of the lot and all of the structures or improvements upon it including utility lines; driveways and paved areas; landscaping; lighting and signs.

4.

Proof of ownership.

5.

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

B.

If the proposal is in conformity with the provisions of this chapter, the building official shall issue a zoning compliance permit. If an application for such permit is not approved, the building official shall state in writing on an appropriate denial form the cause for such disapproval. In some cases a building permit, zoning change, or site plan review shall also be required.

C.

The building official may accept a preliminary application with less extensive information than listed above in situations where a basic clarification is desired prior to proceeding with further design development. The building official may on such preliminary submittal, take the formal action of tentative denial or tentative approval.

D.

Issuance of a zoning compliance permit shall in no case be construed as waiving any provision of this chapter.

E.

The building official, under any circumstance, is not permitted to grant alterations to the actual meaning of any clause, order or regulation contained in this chapter to any person making application to excavate, construct, move, alter or use either buildings, structures or land.

F.

The building official shall not refuse to issue a permit when the applicant complies with conditions imposed by this chapter. Violations of contracts, such as covenants, deed restrictions or private agreements not required by the city, which may result upon the granting of a permit, are not cause for refusal to issue a permit.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

No building permit or zoning compliance permit shall be issued for the erection, alteration or use of any building or structure, or the use of any land, which is not in accordance with all provisions of this chapter.

B.

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

C.

The zoning compliance permit signifies that, in the opinion of the building official, the intended use, building or structure complies with all provisions of this chapter. No building permit shall be issued unless the zoning compliance permit has been issued. It shall be unlawful to change a use of land, to change the use or occupancy of any building or structure, or to extend any use on any lot on which there is a nonconforming use or structure, until a zoning compliance permit has been issued. No occupancy permit shall be issued for any lot, building or structure that does not have a zoning compliance permit.

D.

Where a building permit is required, an application for a zoning compliance permit shall accompany or precede the application for a building permit. 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 a new or enlarged use of a building or lot or part thereof is intended to begin.

E.

The types of buildings and structures subject to a building permit or zoning compliance permit are generally described in the following table. The building official will make the final determination of the applicability of a building permit and/or zoning compliance permit, based on the information submitted by the applicant and subject to applicable legislation, including this chapter.

F.

It shall be unlawful to commence the excavation for construction of any building, structure or accessory building including garages, sheds, playhouses, greenhouses, barns or any other type building or structure, until the building official has issued a building or zoning compliance permit for such work and use. The fees for this permit shall be as prescribed by resolution of the city council.

(Ord. No. C-746-2010, § 1, 4-19-10)

Any certificate of zoning compliance granted under this chapter shall become null and void unless construction and/or use is commenced within one hundred eighty (180) days and completed within five hundred forty-five (545) days of the date of issuance.

(Ord. No. C-746-2010, § 1, 4-19-10)

Before any zoning compliance or building permit shall be issued, an inspection fee shall be paid in an amount fixed by a schedule established by resolution of the city council.

(Ord. No. C-746-2010, § 1, 4-19-10)

No building or structure or use for which a building or zoning compliance permit has been issued shall be used or occupied until the building official has, after final inspection, issued a certificate of occupancy indicating his opinion that all the provisions of this chapter are met. The issuance of a certificate of occupancy shall in no case be construed as waiving any provisions of this chapter.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

As used in this section "improvements" means those features and actions associated with a project which are considered necessary by the building official to protect natural resources, or the health, safety and welfare of the residents of the city, and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage. "Improvements" does not include the entire project which is the subject of zoning approval.

B.

To ensure compliance with this section and any conditions imposed under this chapter, the city may require that a cash deposit, certified check, irrevocable bank letter of credit or security bond acceptable to the city covering the estimated cost of improvements associated with a project for which a building or zoning compliance permit is sought, be deposited with the city clerk to ensure faithful completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the zoning compliance permit. The city may not require the deposit of the performance guarantee before the date on which the city is prepared to issue the permit. The city shall establish procedures under which 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.

C.

This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit or surety bond has been deposited pursuant to Act No. 288 of the Public Acts of Michigan of 1967 as amended.

(Ord. No. C-746-2010, § 1, 4-19-10)

Whenever by the provisions of this chapter the performance of any act is required, or the performance of any act is prohibited, or whatever regulation, dimension or limitation is imposed on the use of, or upon any land, or on the erection or alteration or the use or change of use of a structure or the uses within such structure, a failure to comply with such provisions of this chapter shall constitute a violation of this chapter. Every day on which a violation exists shall constitute a separate violation and a separate offense.

(Ord. No. C-746-2010, § 1, 4-19-10)

Any person who violates this chapter shall be responsible for a civil infraction violation, subject to the fines and penalties set forth in Chapter 1, General Provisions, section 1-19 of the City of Farmington Code of Ordinances.

(Ord. No. C-746-2010, § 1, 4-19-10)