Grosse Ile Township
City Zoning Code
City Zoning Code
ARTICLE 20
Permits, Performance Guarantee and Enforcement
[Ord. No. 273, effective 8-29-1999]
285-20.1 Administrative regulations.
A.
Scope of regulations. No structure or tract of land shall hereafter be used or occupied, and no structure, or part thereof, shall be erected, altered, or moved, except in conformity with the regulations specified herein for the zoning district in which the structure or land is located. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, or amendments thereof, and provided construction is begun within six months of the effective date and diligently pursued toward completion, said building or structure may be completed in accordance with the approved plans. The applicant may be required to provide the Township with evidence, visual or otherwise, demonstrating to the satisfaction of the Zoning Administrator that work is being diligently pursued. Failure to diligently work toward completion shall result in the loss of legal nonconforming status unless good cause for the delay is accepted at a hearing before the Zoning Board of Appeals. Furthermore, upon completion of construction said building may be occupied under a certificate of occupancy, as approved by the Building Official, for the use for which the building was originally designated, subject thereafter to the provisions of Article 18 concerning nonconformities. Any subsequent text or map amendments shall not affect previously issued valid permits.
B.
Minimum requirements. The provisions of this chapter shall be held to be the minimum requirements for the promotion of public health, safety and general welfare.
C.
Nonabrogation of other ordinances or agreements. This chapter is not intended to abrogate or annul any ordinance, rule, regulation, permit, easement, covenant, or other private agreement previously adopted, issued, or entered into and not in conflict with the provisions of this chapter. However, where the regulations of this chapter are more restrictive or impose higher standards or requirements than other such ordinances, rules, regulations, permits, easements, covenants, or other private agreements, the requirements of this chapter shall govern.
D.
Vested right. 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 permissible activities therein. Furthermore, such rights as may exist through enforcement of this chapter are hereby declared to be subject to subsequent amendment, change or modification as may be necessary for the preservation or protection of public health, safety, and welfare.
E.
Continued conformity with yard and bulk regulations. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located for as long as the building is in existence.
F.
Division of lots. No lot in any zoning district shall hereafter be divided into two or more lots and no portion of any lot shall be sold unless all lots resulting from each such division or sale conform to all applicable regulations of the zoning district in which the property is located. Any division of land shall require review and approval by the Township under the provisions of § 285-19.21, Lot splits and consolidations, Chapter 238, Subdivision Control, or Chapter 71, Condominium Projects, as applicable.
G.
Unlawful buildings, structures, site designs and uses. A building, structure, or use which was not lawfully existing at the time of adoption or amendment of this chapter shall not become or be made lawful solely by reason of the adoption of this chapter. To the extent that an unlawful building, structure, or use is in conflict with the requirements of this chapter, said building, structure, or use remains unlawful hereunder.
H.
Voting place. The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a public election.
I.
Conditions of approval. Any conditions placed upon an approval under this chapter shall remain in effect for as long as the approval is valid. Noncompliance with any conditions of approval shall constitute a violation of this chapter.
285-20.2 Permit required.
A.
It shall be unlawful, without a permit, as approved by the Zoning Division of the Community Development Department, to erect or demolish any new building or structure, or to alter or repair any existing building or structure, or to fill, excavate, regrade for drainage, grub or clear-cut any lands, or dredge over or upon waterways in the Township of Grosse Ile, including the Detroit River, canals, and other waterways in the Township. Application for such permits shall be made with the Community Development Department in accordance with application rules and regulations as required and subject to the provisions of this chapter and in particular this article as required herein.
B.
The provisions of this chapter shall be subject to the littoral and riparian rights of property owners. Any permit issued hereunder does not authorize the violation of any subdivision restriction, deed restriction or other private protective covenant as may apply to the property, and such restrictions and covenants are only enforceable by the property owners subject to the provisions of this chapter.
285-20.3 Permits and certificates.
A.
Scope of requirements.
[Amended 3-10-2003 by Ord. No. 03-02]
(1)
Building permit. A building permit shall be required prior to the erection, alteration, repair, renovation, demolition or removal of any building or structure regulated by the Building Code,[1] and/or the excavation, filling, grubbing, clearing or grading of lots. 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 ingress and egress, or other changes affecting or regulated by the Township of Grosse Ile Building Code or this chapter or other applicable ordinances of the Township of Grosse Ile.
[1]
Editor's Note: See Ch. 40, Building Construction.
(2)
Certificates of occupancy. No building, structure, land, or part thereof shall be used, nor shall any existing use of any building, structure, land, or part thereof be changed, unless a certificate of occupancy is first obtained for the new or different use. Temporary certificates of occupancy can be issued in accordance with Subsection C(5) of this section.
(3)
Site plan and special land use permits. Certain uses require site plan or special land use approval under the provisions of this chapter. No building permit shall be issued under this article for activities requiring site plan or special land use approval until such time as site plan approval is issued by the Planning Commission under Article 21 and a special land use permit is issued by the Township Board under Article 22, as applicable.
B.
Building and zoning compliance permits. The following guidelines shall apply to the issuance of permits:
[Amended 3-10-2003 by Ord. No. 03-02]
(1)
Permit requirement. No building permit shall be issued for the construction, moving, alteration or use of any building or structure or part thereof regulated by the Building Code,[2] or for the use of any land, which is not in total compliance with the Township of Grosse Ile Building Code or this chapter or other applicable ordinances of the Township of Grosse Ile.
[2]
Editor's Note: See Ch. 40, Building Construction.
(2)
Zoning compliance permit. A zoning compliance permit must be obtained for certain buildings or structures listed below. The permit shall be approved before the building or structure is erected, altered, moved or repaired. The permit shall only be granted for structures that will be in conformity with this chapter and all other applicable ordinances. Such buildings and structures include:
(a)
Fences that are six feet or less in height.
(b)
One-story detached accessory buildings that have a floor area of 200 square feet or less.
(c)
Retaining walls that are less than four feet in height.
(3)
Valid period of permits. A building permit or zoning compliance permit issued pursuant to the provisions of this chapter shall expire one year from the date of issuance. The premises shall be inspected on that date and the applicant notified of any violations. Failure to correct violations or complete work in the time period specified by the Building Official shall constitute a violation of this chapter, subject to the penalties set forth in § 285-20.6. If construction has not been completed within the one-year time frame, the applicant may apply to the Community Development Department for a one-year extension. The application for an extension shall include a construction schedule specifying the time frame for completion of unfinished activities.
(4)
Inspection of completed work. The holder of any building permit shall notify the Grosse Ile Building Official upon completion of the work authorized by the permit for the necessary inspection. If the work inspected receives approval, an application shall be made to the Building Department for a certificate of occupancy. All roads, driveways and pathways damaged during construction shall be restored to their original condition. Examples include cuts in pavement for underground utility needs, crushing damage from equipment and similar damages caused through construction practice.
C.
Certificate of occupancy. No land, building, structure, or part thereof shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such use. The following guidelines shall apply to the issuance of certificates of occupancy:
(1)
General requirements. A certificate of occupancy shall be issued for a building, structure, or part thereof, or for the use of any land, only if such building, structure, or use is fully in accordance with the Building Code,[3] all provisions of this chapter, and all other ordinances of the Township of Grosse Ile.
[3]
Editor's Note: See Ch. 40, Building Construction.
(2)
Certificate required prior to use. No building or structure, or part thereof, which is hereafter erected or altered shall be occupied or used unless a certificate of occupancy has been issued. A building permit does not necessarily constitute compliance with the requirements for a certificate of occupancy. Upon completion of the work outlined by the permit, the premises must be inspected and a certificate of occupancy issued.
(3)
Certificates for accessory buildings and uses. Accessory buildings and uses shall not require a separate certificate of occupancy but may be included in the certificate of occupancy for the principal use, provided the accessory buildings or uses are shown on the plan drawing and are completed at the same time as the principal use.
(4)
Period of validity. A certificate of occupancy shall remain in effect for the life of the building, structure, or part thereof, or use of the land, until the use of the building, structure or land changes. A change of use shall require a new certificate of occupancy.
(5)
Temporary certificates. A temporary certificate of occupancy for a portion of a building or structure in the process of construction, erection, or alteration may be issued, provided that such portion of the building, structure, or premises is in conformity with the provisions of this chapter and the adopted Building Code,[4] and provided further that no threat to public safety exists. The Building Official may require that a performance guarantee be provided in accordance with § 285-20.5 as a condition of obtaining a temporary certificate. Such temporary certificate may be issued for a period not to exceed six months but may be renewed provided that construction, erection, or alteration of the remaining portion of the building or structure is proceeding without delay.
[4]
Editor's Note: See Ch. 40, Building Construction.
D.
Application requirements. Applications for building permits and certificates of occupancy shall be made on forms supplied by the Community Development Department and accompanied by such fees as may be specified. Applications for permits shall explicitly describe the proposed work for which authorization is requested. All applications shall be accompanied by a plot plan drawn to scale and in sufficient detail to enable the Building Official to determine if the proposal is in compliance with this chapter. Accordingly, the plot plan shall, at minimum, provide the following information:
(1)
The actual shape, location, and dimensions of the lot and, if the lot is not a lot of record, a recorded survey, legal description and parcel identification number;
(2)
The shape, size, and location of all buildings or other structures to be erected, altered or moved, plus all existing buildings and structures on the lot;
(3)
The existing and intended use of the lot and of all structures upon it;
(4)
The location of all utilities serving the site, including water and sanitary sewer;
(5)
All road rights-of-way, easements and driveways;
(6)
Any woodlands, inventoried to meet the requirements of Chapter 282, Woodland and Tree Preservation, and any wetlands or natural drainage courses, delineated to meet the requirements of Chapter 275, Wetlands and Drainageways, and conservation easements;
(7)
Copies of any granted variances, deed restrictions or other restrictive covenants;
(8)
The Building Official may require a property survey where proposed construction has the potential encroach into required setbacks; and
(9)
Such other information concerning the lot or adjoining lots or other matters deemed necessary for determining compliance with the provisions of this chapter.
285-20.4 Fees.
Any application for an amendment to this chapter, site plan review, review of a special land use proposal, building permit, certificate of occupancy, request for a variance, or other request for other action pursuant to the regulations set forth in this chapter shall be subject to and accompanied by a fee as established by resolution of the Township Board. The assessment and payment of application fees does not affect the requirements for a performance guarantee as specified in § 285-20.5 herein.
285-20.5 Performance guarantee.
A.
Intent. To ensure compliance with the provisions of this chapter and any conditions imposed by the Township Board, Zoning Board of Appeals, Planning Commission or Community Development Department, the Township may require that a performance guarantee be deposited with the Township to ensure faithful completion of improvements.
[Amended 7-22-2002]
B.
General requirements. The performance guarantee shall meet the following requirements:
(1)
The performance guarantee may be in the form of a cash deposit, irrevocable letter of credit, certified check, cash escrow, or similar instrument acceptable to the Township. If the applicant posts a letter of credit, the credit shall require only that the Township present the credit with a sight draft and an affidavit signed by the Township Attorney attesting to the Township's right to draw funds under the credit. If the applicant posts a cash escrow, the escrow instructions shall provide that the escrow agent shall have a legal duty to deliver the funds to the Township whenever the Township Attorney presents an affidavit to the agent attesting to the Township's right to receive funds, whether or not the applicant protests that right.
(2)
The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity or project. The Township shall deposit the funds in an interest-bearing account in a financial institution with which the Township regularly conducts business.
(3)
The amount of the performance guarantee shall be sufficient to cover the estimated cost of the improvements associated with a project for which site plan approval is sought, or a portion thereof as specified by the Planning Commission. The applicant shall provide an itemized schedule of estimated costs to complete all such improvements. The exact amount of the performance guarantee shall be determined by the Building Official.
(4)
The entire performance guarantee, including interest accrued, shall be returned to the applicant upon satisfactory and timely completion of the required improvements. The applicant may request that the performance guarantee be returned as work progresses in reasonable proportion to the ratio of work completed on the required improvements, provided that a minimum of 10% shall be held back on each element until satisfactory completion of the entire project.
(5)
An amount not less than 10% of the total performance guarantee may be retained for a period of at least one year after installation of landscape materials to ensure proper maintenance and replacement, if necessary. This amount shall be released to the applicant upon certification by the Community Development Department that all landscape materials are being maintained in good condition.
C.
Unsatisfactory completion of improvements. Whenever required improvements are not installed or maintained in accordance with the standards set forth in this chapter, the Township may complete the necessary improvements itself or by contract to an independent developer and assess all costs of completing said improvements against the performance bond or other surety, including any interest accrued on said bond or surety. Prior to completing said improvements, the Township shall notify the owner, site plan review applicant and/or other firm or individual responsible for completion of the required improvements.
285-20.6 Violations and penalties.
A.
Nuisance per se. Buildings erected, altered, razed or converted or uses carried on in violation of any provision of this chapter are hereby declared to be a nuisance per se and shall be subject to abatement or other action by a court of appropriate jurisdiction.
B.
Violation. Any person, firm, corporation, or agent, or any employee, contractor, or subcontractor of the same, who or which fails to comply with any of the provisions of this chapter or any of the regulations adopted in pursuance thereof, or who or which impedes or interferes with the enforcement of this chapter by the Building Official or other enforcement official, shall be deemed in violation of this chapter.
C.
Inspection of violation. The Zoning Administrator shall inspect each alleged violation and shall order correction, in writing, of all conditions found to be in violation of this chapter. The order to correct a violation shall be issued by serving personally or by sending, by registered mail, return receipt requested, such order to the last known address of the owner of the property upon which the violation occurs or, when applicable, the violator. A party who has failed to accept such registered mail shall be deemed to have been served.
D.
Penalties. Penalties for violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-3. The provisions of Chapter 1, Article II, Municipal Civil Infractions, also apply to violations of this chapter. Each act of violation and each day during which such violation continues shall constitute a separate offense. The imposition of any sentence shall not exempt the offense from compliance with the requirements of this chapter.
[Amended 7-22-2002]
E.
Authority to pursue court action. The Township Board or its duly authorized representative is hereby empowered to commence and pursue any and all necessary and appropriate actions or proceedings in the Circuit Court, or any other court having jurisdiction, to restrain or prevent any noncompliance with or violation of any of the provisions of this chapter and to correct, remedy, or abate such noncompliance or violation. Any person aggrieved or adversely affected by such noncompliance or violation may institute suit or join the Township Board in such a suit to abate the violation.
F.
Other remedies. The rights and remedies set forth above shall not preclude the use of other remedies provided by law, including any additional rights of the Township to initiate proceedings in an appropriate court of law to restrain or prevent any noncompliance with any provisions of this chapter or to correct, remedy, or abate such noncompliance.
G.
Rights and remedies preserved. Any failure or omission to enforce the provisions of this chapter, and failure or omission to prosecute any violations of this chapter, shall not constitute a waiver of any rights and remedies provided by this chapter or by law and shall not constitute a waiver nor prevent any further prosecution of violations of this chapter.
285-20.7 Records.
A.
The Grosse Ile Township Community Development Department or office of the Zoning Administrator shall maintain all permanent and current records of this chapter, including, but not necessarily limited to, all maps, amendments, variances, appeals, special land uses, certificates of occupancy and related applications.
B.
Every rule or regulation, decision, finding of fact, condition of approval, resolution, or other transaction of business of the Planning Commission or Zoning Board of Appeals shall be duly recorded and filed in the public records of the office of the Township Clerk. A copy of any application, permit, certificate, transcript of a public meeting, or other item of the public record may be obtained from the appropriate Township office upon payment of copying costs.