- ADMINISTRATION AND ENFORCEMENT
A.
Administration. The provisions of this ordinance shall be administered by the zoning administrator, zoning board of appeals, planning commission, and township board.
B.
Planning commission. The planning commission shall have the following powers and duties:
1.
The planning commission and township staff shall carry on a continuous review of the effectiveness and appropriateness of this ordinance and recommend to township board any appropriate changes or amendments in accordance with article 21.
2.
The planning commission shall hear and make recommendations to the township board regarding amendments to this ordinance, including rezoning requests, following the procedures outlined in article 21.
3.
The planning commission shall render decisions on special land use permits and preliminary PUD plans.
4.
The planning commission shall keep minutes of its proceedings showing the official action of the commission and the vote of each member upon each question or, if absent or failing to vote, indicating as such. The planning commission shall act by motion or resolution. Minutes and the records of all official actions shall be filed with the Township Clerk and kept as a public record.
5.
The concurring vote of the majority of planning commission members present during a quorum shall be necessary to take any action authorized by the zoning ordinance.
6.
The planning commission shall adopt rules and procedures governing its activities.
7.
The planning commission shall perform such other duties assigned by this ordinance, in accordance with the Michigan Zoning Enabling Act.
C.
Township board. Upon receipt of a recommendation by the planning commission, the township board shall decide upon the following:
1.
Zoning ordinance amendments.
2.
Zoning map amendments.
3.
Final PUD plans.
4.
Preliminary and final condominium plans.
5.
The township board shall perform such other duties assigned by this ordinance, in accordance with the Michigan Zoning Enabling Act.
To ensure compliance with this ordinance and any conditions of project approval, the township may require that a cash deposit, certified check, irrevocable letter of credit, or surety bond covering the estimated cost of improvements be deposited with the township clerk to insure completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project. The township may not require the deposit of the performance guarantee until it is prepared to issue the permit. The township shall rebate cash deposits in reasonable proportion to the ratio of work completed on the required improvements based on the policy of the community development department.
A.
Penalties. Any building or structure which is erected, moved, placed, reconstructed, razed, extended, enlarged, altered, maintained or used, or any use of a lot or land which is begun, maintained or changed in violation of any terms or provisions of this ordinance, is hereby declared to be a nuisance per se. Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement thereof shall be responsible for a municipal civil infraction, and shall be subject to the enforcement procedures set forth in chapter 1, section 1-13 of the Code of Ordinances adopted by Holland Charter Township. Fines and penalties are set by the Holland Charter Township Board.
B.
Enforcement officials. The zoning administrator, building inspector, members of the Ottawa County Sheriff's Department assigned to the township, members of the Ottawa County Sheriff's Department whose services are contracted for by the township, or other persons designated by the township board as township ordinance enforcement officers are hereby designated as authorized township officials to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at Holland Charter Township Municipal Ordinance Violations Bureau) as provided in chapter 1, section 1-13 of the Code of Ordinances adopted by Holland Charter Township.
C.
Procedure. The township board, the board of appeals, the duly-authorized attorney for the township, or the prosecuting attorney for Ottawa County may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, enjoin, abate or remove any violation of this ordinance. The rights and remedies provided herein are cumulative and in addition to all other remedies provided by law.
A.
Public notices. All applications requiring a public hearing or public notice shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, and the other provisions of this section with regard to public notification.
B.
Content. All mail, personal, and newspaper notices for public hearings shall:
1.
Describe the nature of the request.
2.
Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no addresses currently exist within the property. If there are no street addresses, other means of identification may be used.
3.
State when and where the request will be considered.
4.
Indicate when and where written comments will be received concerning the request.
C.
Personal and mailed notice.
1.
General. When the provisions of this ordinance or state law require that personal or mailed notice be provided, notice shall be provided to those required by state law, but in any event including the following:
a.
The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.
b.
Except for a zoning text amendment or rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property: To all persons to whom real property is assessed, or to the occupants of any dwelling, within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the township. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice shall be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.
c.
Other persons which have requested to receive notice or are required by state law to receive notice.
2.
Notice by mail/affidavit. Notice shall be deemed given by its deposit with the U.S. Postal Service, or other public or private delivery service, or personally delivered during normal business hours.
3.
Record of notice. The zoning administrator shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.
D.
Timing of notice. Unless otherwise provided in the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, or this ordinance where applicable, notice of a public hearing shall be provided as follows: For a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, appeal, or ordinance interpretation: Not less than 15 days before the date the application will be considered for approval.
- ADMINISTRATION AND ENFORCEMENT
A.
Administration. The provisions of this ordinance shall be administered by the zoning administrator, zoning board of appeals, planning commission, and township board.
B.
Planning commission. The planning commission shall have the following powers and duties:
1.
The planning commission and township staff shall carry on a continuous review of the effectiveness and appropriateness of this ordinance and recommend to township board any appropriate changes or amendments in accordance with article 21.
2.
The planning commission shall hear and make recommendations to the township board regarding amendments to this ordinance, including rezoning requests, following the procedures outlined in article 21.
3.
The planning commission shall render decisions on special land use permits and preliminary PUD plans.
4.
The planning commission shall keep minutes of its proceedings showing the official action of the commission and the vote of each member upon each question or, if absent or failing to vote, indicating as such. The planning commission shall act by motion or resolution. Minutes and the records of all official actions shall be filed with the Township Clerk and kept as a public record.
5.
The concurring vote of the majority of planning commission members present during a quorum shall be necessary to take any action authorized by the zoning ordinance.
6.
The planning commission shall adopt rules and procedures governing its activities.
7.
The planning commission shall perform such other duties assigned by this ordinance, in accordance with the Michigan Zoning Enabling Act.
C.
Township board. Upon receipt of a recommendation by the planning commission, the township board shall decide upon the following:
1.
Zoning ordinance amendments.
2.
Zoning map amendments.
3.
Final PUD plans.
4.
Preliminary and final condominium plans.
5.
The township board shall perform such other duties assigned by this ordinance, in accordance with the Michigan Zoning Enabling Act.
To ensure compliance with this ordinance and any conditions of project approval, the township may require that a cash deposit, certified check, irrevocable letter of credit, or surety bond covering the estimated cost of improvements be deposited with the township clerk to insure completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project. The township may not require the deposit of the performance guarantee until it is prepared to issue the permit. The township shall rebate cash deposits in reasonable proportion to the ratio of work completed on the required improvements based on the policy of the community development department.
A.
Penalties. Any building or structure which is erected, moved, placed, reconstructed, razed, extended, enlarged, altered, maintained or used, or any use of a lot or land which is begun, maintained or changed in violation of any terms or provisions of this ordinance, is hereby declared to be a nuisance per se. Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement thereof shall be responsible for a municipal civil infraction, and shall be subject to the enforcement procedures set forth in chapter 1, section 1-13 of the Code of Ordinances adopted by Holland Charter Township. Fines and penalties are set by the Holland Charter Township Board.
B.
Enforcement officials. The zoning administrator, building inspector, members of the Ottawa County Sheriff's Department assigned to the township, members of the Ottawa County Sheriff's Department whose services are contracted for by the township, or other persons designated by the township board as township ordinance enforcement officers are hereby designated as authorized township officials to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at Holland Charter Township Municipal Ordinance Violations Bureau) as provided in chapter 1, section 1-13 of the Code of Ordinances adopted by Holland Charter Township.
C.
Procedure. The township board, the board of appeals, the duly-authorized attorney for the township, or the prosecuting attorney for Ottawa County may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, enjoin, abate or remove any violation of this ordinance. The rights and remedies provided herein are cumulative and in addition to all other remedies provided by law.
A.
Public notices. All applications requiring a public hearing or public notice shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, and the other provisions of this section with regard to public notification.
B.
Content. All mail, personal, and newspaper notices for public hearings shall:
1.
Describe the nature of the request.
2.
Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no addresses currently exist within the property. If there are no street addresses, other means of identification may be used.
3.
State when and where the request will be considered.
4.
Indicate when and where written comments will be received concerning the request.
C.
Personal and mailed notice.
1.
General. When the provisions of this ordinance or state law require that personal or mailed notice be provided, notice shall be provided to those required by state law, but in any event including the following:
a.
The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.
b.
Except for a zoning text amendment or rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property: To all persons to whom real property is assessed, or to the occupants of any dwelling, within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the township. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice shall be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.
c.
Other persons which have requested to receive notice or are required by state law to receive notice.
2.
Notice by mail/affidavit. Notice shall be deemed given by its deposit with the U.S. Postal Service, or other public or private delivery service, or personally delivered during normal business hours.
3.
Record of notice. The zoning administrator shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.
D.
Timing of notice. Unless otherwise provided in the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, or this ordinance where applicable, notice of a public hearing shall be provided as follows: For a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, appeal, or ordinance interpretation: Not less than 15 days before the date the application will be considered for approval.