A Zoning Administrator shall be appointed by and on such terms as determined by the City Council. The Zoning Administrator is hereby designated as the authorized City official to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court.

It shall be the duty of the Zoning Administrator to receive applications for land use permits and issue or deny same; to inspect buildings or structures in order to determine compliance with the land use permits issued in compliance with this Ordinance, and to be in charge of the enforcement of this Ordinance. The City Council may, in its discretion, instruct the Zoning Administrator to make efforts to obtain voluntary compliance with this Ordinance. The City Council may instruct the Zoning Administrator in writing, to initiate a criminal complaint or other legal action. Under no circumstances is the Zoning Administrator permitted to make changes in this Ordinance or to vary its terms in carrying out the Zoning Administrator's duties.

11.3.1

General. No person shall erect or move a structure to the extent of more than one hundred square feet of floor area or to establish a new use or change in use for any parcel, without a land use permit. The Zoning Administrator shall issue a land use permit if the proposed structure or use is in compliance with the provisions of this Ordinance. The applicant shall furnish permits or approvals from the Clare County Health Department, the Clare County Road Commission, and the Michigan Department of Natural Resources, if required, before the Zoning Administrator may issue a permit. A copy of each land use permit will be retained by the Zoning Administrator as a part of the permanent records of the City. The Zoning Administrator shall promptly inform the applicant of the denial of a land use permit if the proposed structure or use does not comply with the provisions of this Ordinance.

11.3.2

Evidence of Ownership. All applications for land use permits under the provisions of this Ordinance shall include the land owner's signature authorizing the application for the permit and be accompanied with proof of ownership of all property affected by the coverage of the permit. Proof of ownership shall be established by one of the following means:

a.

Current title policy, or commitment, abstract or attorney's opinion of title;

b.

For properties in Residential Districts, a certification of ownership by the owner or his agent, shall be deemed sufficient or such other evidence of ownership as the Zoning Administrator determines acceptable.

11.3.3

Property Boundaries. In cases where property boundaries are not clearly indicated by corner markers or other means, the Zoning Administrator may require, at the applicant's expense, the property to be located by a registered surveyor. In cases on properties located along a stream or shoreline, if there is any question of the location of the "high water mark", the Zoning Administrator may also require this level to be set and marked by a registered surveyor.

11.3.4

Supporting Documentation. In the event the Zoning Administrator feels additional information is required before determining the suitability of an application for a land use permit, the Zoning Administrator may request that the applicant submit such additional information as surveys, deed descriptions, soil suitability tests, surface water disposal surveys, erosion control surveys, excavation disposal plans, easements, and permits from other governmental agencies.

11.3.5

Voiding Permit. Any permit, variance, special use permit or permission granted under this Ordinance shall become null and void after one year from the date of granting, unless the proposed development or use shall have passed its first Clare County Construction Code inspection. Before a permit, permission, variance or special use becomes void, the Zoning Administrator shall notify the applicant that the permit, permission, variance or special use will become void by sending a notice by regular mail to the applicant on the address indicated on the permit application. The applicant shall have the option of extending the permit by a maximum of six months upon the written notice to the Zoning Administrator. Said notice shall be filed no later than five working days following expiration of the permit. Failure by the Zoning Administrator, under this Section shall not revive a permit that would otherwise be void by virtue of the passage of time.

Any permit, variance, special use permit or permission granted under this Ordinance shall be deemed abandoned, and shall become null and void after one year from the date of granting, if the applicant has not taken substantial efforts to develop or use the land in accordance with the permit, permission, variance, or special use. Substantial efforts to develop or use the land in accordance with the permit, permission, variance or special use are not met by the applicant having obtained building permits. In the event that building permits have been obtained by the applicant and expired under their own terms, the applicant shall be deemed not to have taken substantial efforts to develop or use the land in accordance with the permit, permission, variance or special use.

11.3.6

Inspection. The developer of the property is solely responsible for meeting the conditions and terms of the land use permit and this Ordinance.

(ord. no. 2022-02, adopt. July 11, 2022)

The fees for applications, permits and other requests shall be established by the City Council. Fees must be paid before a land use permit is issued.