1.

No land or building within the Village of Fowlerville shall be occupied or used except in compliance with the provisions of this ordinance. No building within the Village of Fowlerville shall be erected, altered, repaired or moved except in compliance with the provisions of this ordinance. No person shall use or occupy any land or building within the Village of Fowlerville, nor shall any person erect, alter, repair or move any building within the Village of Fowlerville except in compliance with this ordinance.

2.

The prohibition of any act in this ordinance, in any amendment thereof and in any rule or regulation adopted hereunder shall include the causing, securing, aiding or abetting of another person to do said act.

3.

It shall be the duty of all architects, contractors, subcontractors, builders and other persons having charge of the establishment of any use of land or the erecting, altering, changing or remodeling of any building or structure, before beginning or undertaking any such work, to see that all proper and necessary permits have been applied for and obtained, including a land use permit, certificate of occupancy, building permit and all other permits required by either this ordinance or any of the building code laws or ordinances of the village, county or state. It shall also be the duty of such parties to see that such work does not conflict with and is not in violation of the terms of this ordinance, and any such architect, contractor, subcontractor, builder or other person doing or performing any such work or erecting, repairing, altering, changing or remodeling without such a permit or permits having been issued or in violation of or in conflict with the terms of this ordinance or allowing any building erected to be occupied without a certificate of occupancy having first been issued shall be guilty of a violation of this ordinance in the same manner and to the same extent as the owner of the premises or the person or persons for whom such building was or is erected, altered, changed, repaired or remodeled or the use of land established or a building occupied in violation hereof and shall be subject to the penalties herein prescribed for such violation.

(Ord. No. 346, § 401, 6-19-2000)

Buildings erected, altered, razed or converted, or uses carried on in violation of any provision of this ordinance are hereby declared to be a nuisance per se. The court having jurisdiction shall order such nuisances abated and the owner and/or agent in charge of such building or land shall be adjudged guilty of maintaining a nuisance per se.

(Ord. No. 346, § 402, 6-19-2000)

Any person, persons, firm or corporation, or any others acting on behalf of said person, persons, firm or corporation violating or failing to comply with any of the provisions of this ordinance or any of the regulations adopted in pursuance hereof, or who shall hamper, impede or interfere with the performance of the duties of any official or agent of the zoning administrator or other officer under the provisions of this ordinance shall be guilty of a civil infraction, subject to payment of a civil fine or fines, in accordance with the chapter 50 of the Village Code of Ordinances. For zoning violations, such fine shall be not less than $100.00, plus costs and other sanctions, for each violation. Fines for repeat offenses shall be as follows:

a.

The fine for any offense which is a first repeat offense shall be no less than $250.00, plus costs and other sanctions.

b.

The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $500.00, plus costs and other sanctions.

(Ord. No. 346, § 403, 6-19-2000)

In addition to all other remedies, including the penalties provided in section 403 of this ordinance, the Village of Fowlerville may commence and prosecute appropriate actions in the circuit court for the County of Livingston or any other court having jurisdiction to restrain or prevent any noncompliance with or violation of any of the provisions of this ordinance, or to correct, remedy or abate such noncompliance or violation.

(Ord. No. 346, § 404, 6-19-2000)

The provisions of this chapter shall be administered by the village president or he may delegate this administration to any official of the village subordinate to him. Such official shall be known for the purposes of this ordinance as the zoning administrator. The village shall provide the zoning administrator with funds and equipment sufficient for the effective administration of this ordinance, as determined by the village council.

(Ord. No. 346, § 405, 6-19-2000)

There is hereby vested in the zoning administrator the duty of administering this ordinance and the power necessary for such administration. The zoning administrator shall:

1.

Review all applications for land use permits and approve or disapprove such applications based on compliance or noncompliance with the provisions of this ordinance and issue certificates when there is compliance with this ordinance.

2.

Receive all applications for special use permits; conduct field inspections, surveys and investigations; prepare maps, charts, and other pictorial materials when necessary or desirable; and otherwise process applications so as to formulate recommendations; report to the planning commission with recommendations; and notify the applicant, in writing, of any decision of the commission.

3.

Receive all applications for appeals, variances or other matters which the board of zoning appeals is required to decide under this ordinance; conduct field inspections, surveys and investigations; prepare maps, charts and other pictorial materials when necessary or desirable, and otherwise process applications so as to formulate recommendations; refer such applications with recommendations to the board for determination; and notify the applicant, in writing, of any decision by the board.

4.

Receive all applications for amendments to this ordinance; conduct field inspections, surveys and investigations; prepare maps, charts and other pictorial material when necessary or desirable, and otherwise formulate recommendations; report to the planning commission and village council with recommendations; and submit to the village council all such applications together with the recommendations of the planning commission.

5.

Propose and recommend the enactment of amendments of this ordinance for the purpose of improving the administration or enforcement of this ordinance.

6.

Interpret the provisions of this ordinance and determine the location of any district boundaries where there is any uncertainty, contradiction, or conflict as to the intent of such provisions or boundaries.

7.

When the provisions of this ordinance or the state law require a hearing on an application for an appeals action, a special use permit, or an amendment of the zoning ordinance, give notice of such hearing in the manner prescribed by this ordinance.

8.

When the provisions of this ordinance require a hearing on an application for a special use permit or amendment to the zoning ordinance, give notice of time and place of such hearing, in accordance with the requirements of this ordinance and the provisions of the City and Village Zoning Act.

9.

Evaluate proposals for uses in all districts as to compliance with performance standards in those districts.

10.

Maintain a map or maps showing the current zoning classifications of all land in the village.

11.

Maintain a record of the legal nonconforming uses and structures in the village.

12.

Maintain written records of all actions taken by the zoning administrator and keep custody of all records of the planning commission and board of appeals.

13.

Be responsible for providing forms necessary for the various applications to the planning commission or board of appeals as required by this ordinance and shall be responsible for determining what information is necessary on such forms for the effective administration of this ordinance, subject to the general policies of the planning commission and board of appeals.

(Ord. No. 346, § 406, 6-19-2000)

There is vested in the zoning administrator the duty of enforcing this ordinance and the power necessary for such enforcement. In implementing this duty the zoning administrator shall:

1.

Conduct investigations to determine compliance or noncompliance with the provisions of this ordinance and of any requirements or conditions in connection with any action taken by the planning commission, board of appeals or the village council under this ordinance.

2.

Order correction, in writing, of all conditions found to be in violation of this ordinance, and of any requirements or conditions in connection with any action taken by the planning commission, board of appeals or village council. These written orders shall be served personally or by registered mail upon the person, firm or corporation deemed by the zoning administrator to be violating the provisions of this ordinance. If such person, firm or corporation is not the owner of the land on, or the structure in which the violation is deemed to exist or have occurred, a copy of the order shall be sent by registered mail to the owner of such land or structure. The date of mailing shall be deemed the date of service of any order served by registered mail.

3.

All violations shall be corrected within a period of five days after the order to correct is issued or in such longer period of time, not to exceed six months, as the zoning administrator shall determine necessary and appropriate. A violation not corrected within this period shall be reported to the village attorney, who is hereby authorized to and shall initiate procedures to eliminate such violation.

4.

The provisions of this ordinance may also be enforced by the Livingston County Health Department, Livingston County Building Department, the village police department, Livingston County Sheriff's Department, village marshal, the village attorney, the village zoning administrator, and/or the Livingston County Prosecutor.

(Ord. No. 346, § 407, 6-19-2000)

No land shall be changed in use, except changes in agricultural crops, and no structure or building or structure erected, altered, extended, or changed in use until a land use permit shall have been issued by the zoning administrator stating that the building and/or land and its proposed use complies with the provisions of this ordinance. Land use permits shall also be required prior to erecting, altering, or changing any sign when required under chapter 17 of this ordinance. A land use permit shall be applied for at least ten days before contemplated change in use of land, structure or building. The land use permit shall become null and void if work for which the permit was issued is not started within six months after the date of the issuance of the permit by the zoning administrator, or if a certificate of occupancy is not issued for the proposed use within 18 months after the date of issuance of the permit by the zoning administrator. The zoning administrator may issue an extension of up to 90 calendar days as to time limits specified in this section when the zoning administrator determines the extension is warranted and that work on the proposed use is proceeding meaningfully toward completion. Further extensions of up to 180 calendar days may be granted when deemed appropriate by the Fowlerville Planning Commission.

(Ord. No. 346, § 408, 6-19-2000)

A land use permit shall be issued by the village before a building permit is issued by the county building department.

(Ord. No. 346, § 409, 6-19-2000)

1.

The zoning administrator may require, if he deems the purpose and intent of this ordinance to be served thereby, that there shall be submitted with all applications for land use permits a site layout or plot plan, drawn to scale, showing the location, shape, area, and dimensions of the lot; the location, dimensions and height of any structures; the yard, open area, and parking space dimensions; the proposed number of sleeping rooms, dwelling units, occupants, employees and other users; and the existing and intended uses plus any additional information deemed necessary to the uses plus any additional information deemed necessary to the zoning administrator to determine and provide for the enforcement of this ordinance.

2.

All applications for permits shall include, with submission, the payment of the appropriate permit fee as set in this ordinance, and evidence of ownership or contract right to ownership to the property covered by the permit.

(Ord. No. 346, § 410, 6-19-2000)

A zoning compliance certificate shall be required to be completed by the village zoning administrator prior to partial or final occupancy of a site or a premise to assure all zoning ordinance and planning commission requirements for the use of the site or the premise have been completed and, when applicable, in accordance with the approved site plan. The certificate of occupancy shall not be issued by the Livingston County Building Department until the structure complies with all applicable provisions of this ordinance, as well as all other village, county, and state codes, regulations, ordinances, and laws, and the structure is ready for occupancy.

(Ord. No. 346, § 411, 6-19-2000)

No permit shall be issued by the village or the county, or any official thereof, for the erection, alteration, placing or moving of any building or other structure upon any parcel of land or for the use of any building or structure or land unless such structure or land is designed and the proposed location on its lot is arranged to conform with the provisions of this ordinance and such use of structure or land conforms with the use and location requirements of this ordinance. In the event a permit is issued in violation of this ordinance, it is "void ab initio" (void from the beginning).

(Ord. No. 346, § 412, 6-19-2000)

1.

Construction buildings and structures, including trailers, incidental to construction work on a lot, may be placed on such lot, subject to the following restrictions:

a.

Construction buildings and structures may only be used for the storage of construction materials, tools, supplies and equipment, for construction management and supervision offices, and for temporary on-site sanitation facilities, related to construction activity on the same lot. An enclosed structure for temporary sanitation facilities shall be required on all construction sites.

b.

No construction building or structure shall be used as a dwelling unit.

c.

A permit shall be issued by the zoning administrator prior to installation of a construction building or structure.

d.

Construction buildings and structures shall be removed from the lot within 15 days after an occupancy permit is issued by the zoning administrator for the permanent structure on such lot, or within 15 days after the expiration of a building permit issued for construction on such lot.

2.

Sales offices or model homes may be placed on a lot subject to the following conditions:

a.

A permit shall be issued by the zoning administrator prior to installation or construction. Such permit shall specify the location of the office and shall be valid for a period of up to one year. A temporary permit may be renewed by the zoning administrator for up to two successive one-year periods or less, at the same location if such office is still incidental and necessary.

b.

Only transactions related to the development in which the structure is located shall be conducted within the structure. General offices for real estate, construction, development or other related businesses associated with the project shall not be permitted.

3.

Temporary uses or seasonal events may be established on a lot subject to the following conditions:

a.

A proposed temporary use or seasonal event shall be located on a lot with a permitted principal building or on a vacant lot when the minimum required setbacks for the district are met.

b.

When a temporary use or seasonal event is located on a lot with an existing building, it shall be a minimum ten feet from the building.

c.

Goods and display materials must be stored inside during non-business hours, excluding Christmas tree sales.

d.

The temporary use or seasonal event shall not eliminate or negatively impact required parking for the building or underlying use. Additional parking may be required upon a finding that the proposed used increases the need for parking.

e.

All equipment, materials, goods, poles, wires and other items associated with a seasonal event shall be removed from the premises within five days of the event's end date.

(Ord. No. 346, § 413, 6-19-2000; Ord. No. 380, §§ 1, 2, 9-18-2006)

Editor's note— Ord. No. 380, § 1, adopted September 18, 2006, changed the title of § 413 from "Temporary buildings and structures" to "Temporary buildings, and structures and uses."

Any permit issued under the provisions of this ordinance may be revoked by the zoning administrator at any time whenever the holder thereof:

1.

Shall have made any false or fraudulent statement in the application for such permit or in the exercise of such permit;

2.

Shall have violated any of the provisions of this ordinance;

3.

Shall have failed to satisfy the requirements of this ordinance or of any rules adopted pursuant thereto; or

4.

Shall have caused, created or maintained, in the exercise of such permit, a menace or danger to the public health, safety or welfare.

(Ord. No. 346, § 414, 6-19-2000)

The regulations and provisions stated in the text of this ordinance and the boundaries of zoning districts shown on the zoning district map may be amended, supplemented or changed by ordinance of the village council.

(Ord. No. 346, § 415, 6-19-2000)

1.

An application to amend, supplement, or change the regulations or boundaries of districts may be made by any of the following persons:

a.

A person having legal or equitable ownership in the property.

b.

The village council.

c.

The village planning commission.

2.

Proceedings to amend this ordinance or the zoning map of the Village of Fowlerville shall be initiated or commenced by any one or more of the following methods:

a.

By resolution of the council wherein a question of whether or not a particular amendment should be made is referred by council, on its own motion, to the village planning commission and wherein such commission is requested to hold a public hearing on the question and to, thereafter, make recommendations to council.

b.

By resolution of the village planning commission wherein such commission, on its own motion, provides a public hearing on a question of whether or not a particular amendment should be made and for a report and recommendation thereon to council.

c.

By written application of the legal or equitable owners of a parcel of property for an amendment submitted to the village manager.

3.

All requests to amend this ordinance by an application by a property owner or owners shall be submitted in writing on a form provided through the village zoning administrator and, without limiting the right to file additional material, shall include at least the following information:

a.

The petitioner's name, address, interest in the petition, as well as the name, address and interest of every person having a legal or an equitable interest in the land covered by the petition.

b.

The nature and effect of the proposed amendment.

c.

The existing zoning classification of such property.

d.

The change or amendment desired.

e.

A complete legal and common description of the property sought to be rezoned.

f.

Such other information as the zoning administrator may require in the application form.

All such applications must be filed with the village zoning administrator with the appropriate filing fee in accordance with the duly adopted schedule of fees. Upon receipt of such and application, the village zoning administrator, within the next two business days, shall forward copies of the application to the planning commission. Additionally, copies of the application will be submitted to council with its next agenda for the next regular village council meeting.

4.

The planning commission will decline to entertain any application for an amendment to this ordinance which the village council has denied at any time within the preceding 12 months, except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the planning commission to be valid.

5.

The planning commission shall conduct at least one public hearing thereon. Not less than 15 days prior to said hearing, notice of the hearing shall be given to all owners of the property in question. Notice shall contain the time, place and object of the hearing. Said notice shall be given by the village zoning administrator or the administrator's designee to the parties making the request for amendment and to all owners of property within 300 feet of the property in question and shall be addressed to the respective owners at the address given on the last assessment roll. Notice shall also be printed at least once in a paper of general circulation within the Village of Fowlerville not less than 15 days prior to such hearing. Notice shall also be mailed to each public utility company and each railroad company owning or operating a public utility or railroad within the districts or zones affected, if such utility or railroad has registered its name and mailing address with the village for the purpose of receiving notice.

6.

A summary of the comments submitted at the public hearing shall be transmitted with the report of the commission to the village council. The village council may hold additional public hearings if they consider it necessary.

7.

An amendment to the zoning ordinance may be passed only by a two-thirds vote of the village council if a protest against the proposed amendment is presented to the village council, prior to any final legislative action on such amendment and the protest is duly signed by:

a.

The owners of at least 20 percent of the area of land included in the proposed change; or

b.

The owners of at least 20 percent of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change, excluding public rights-of-way.

Publicly owned land will be excluded in calculating the 20-percent land area requirements in this subsection.

(Ord. No. 346, § 416, 6-19-2000)

Procedures required in administering a special use permit application may be found in chapter 23.

(Ord. No. 346, § 417, 6-19-2000)

All fees required by this ordinance, being the Zoning Ordinance of the Village of Fowlerville, Michigan, as amended, or otherwise required to administer this ordinance, shall be as provided in the zoning ordinance fee schedule. The zoning ordinance fee schedule shall be established by and revised as deemed necessary by resolution of the village council.

(Ord. No. 346, § 418, 6-19-2000)

1.

As a condition of approval of a site plan review, special use permit, or planned unit development, the planning commission or village council, whichever is designated as the approving authority, may require a financial guarantee of sufficient sum to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development. Such features or components, hereafter referred to as "improvements," may include, but shall not be limited to, roadways, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.

2.

Performance guarantees shall be processed in the following manner:

a.

Prior to the issuance of a land use permit, the applicant shall submit an itemized estimate of the cost of the required improvements which are subject to the performance guarantee, which shall then be reviewed by the zoning administrator. The amount of the performance guarantee shall be 100 percent of the cost of purchasing materials and installing the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies, not to exceed a 125 percent of the estimated construction cost.

b.

The required performance guarantee may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the village.

c.

Upon receipt of the required performance guarantee, the zoning administrator shall issue a land use permit for the subject development or activity, provided it is in compliance with all other applicable provisions of this ordinance and other applicable ordinances of the village.

d.

The zoning administrator, upon the written request of the obliger, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvements.

e.

When all of the required improvements have been completed, the obliger shall send written notice to the zoning administrator of completion of said improvements. Thereupon, the zoning administrator shall inspect all of the improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections. If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obliger shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.

f.

A record of authorized performance guarantees shall be maintained by the zoning administrator.

(Ord. No. 346, § 419, 6-19-2000)