The office of the zoning administrator is hereby established. In all instances throughout this chapter, where the term "zoning administrator" is used, it is assumed that the zoning administrator may appoint a "designee" for the purposes of its interpretation, administration, and enforcement.

(Ord. No. 2013.06, § 3, 4-9-13)

(a)

The provisions of this chapter are administered and enforced by the zoning administrator.

(b)

The zoning administrator has the right to enter any building or premises for the purpose of investigation or inspection.

(c)

The zoning administrator has the authority to interpret the provisions of this chapter, but at all times reserves the right to forward that right to the zoning board of appeals.

(d)

The zoning administrator has the power to grant certificates of zoning compliance; to make inspections of buildings or premises necessary to carry out duties in the enforcement of this chapter; and to interpret the provisions of this chapter.

(e)

If the zoning administrator finds that any of the provisions of this chapter are being violated, the person responsible will be notified in writing of the violation(s), indicating the nature of the violation(s), and ordering the necessary corrective action(s). The zoning administrator will order the discontinuance of illegal use(s) of land, buildings, or structures; the removal of illegal buildings or structures; the discontinuance of any illegal work being done; or may take any other action authorized by this chapter to ensure compliance with, or to prevent the violation of, its provisions.

[f]

The zoning administrator will issue the applicable certificate, license, or permit when the applicant complies with all applicable regulations of this chapter even though violations of contracts, such as covenants or private agreements, may occur upon the issuance of such certificate or permit.

[g]

The zoning administrator will issue a zoning compliance certificate when a building, structure or premises conforms with all the requirements of this chapter. A zoning compliance certificate is required before a certificate of occupancy may be issued. No land will be used or occupied and no structure will be erected, altered or used hereafter until a zoning compliance certificate is issued by the zoning administrator.

(Ord. No. 2013.06, § 3, 4-9-13)

The zoning administrator will furnish to the various city departments, officials, or employees vested with the duty or authority to issue permits or licenses, the information needed for proper administration of this chapter. It will be the duty of the departments, officers and employees to cooperate with the zoning administrator. Any permit or license issued by such departments, officials, or employees in conflict with the provisions of this chapter will be null and void.

(Ord. No. 2013.06, § 3, 4-9-13)

Certificate required. A certificate of occupancy will not be issued until the zoning administrator issues a zoning compliance certificate. Site inspection may be necessary prior to issuance of a zoning compliance certificate. Certificates of occupancy are required by chapter 5 (buildings and building regulations) of this Code for new buildings or structures or parts thereof, or for alterations to existing buildings or structures. Any person who uses, occupies, or permits the use of a building or structure without a zoning compliance certificate and a certificate of occupancy, when applicable, will be in violation of this chapter or chapter 5 punishable under chapter 2.5 (administrative hearings bureau) of this Code.

(Ord. No. 2013.06, § 3, 4-9-13)

(a)

Issuance of certificate. The zoning administrator shall issue a zoning compliance certificate when a building, structure or premises conforms with all the requirements of this chapter. A zoning compliance certificate is required before a certificate of occupancy may be issued. No land shall be used or occupied and no structure shall be designed, erected, altered or used hereafter until a zoning compliance certificate is issued by the zoning administrator.

(b)

Permits required. It is unlawful for any person or entity to commence excavation for or construction of any building or structure or commence the structural alteration, or repair of any existing building without first obtaining a zoning compliance permit from the zoning administrator and building permit, as applicable, from the building official. No permit will be issued for the construction, alteration, or repair of any building or structure until an application has been submitted in accordance with the provisions of this chapter showing that the construction proposed is in compliance with the provisions of this chapter, with chapter 5 (building regulations), and with other applicable ordinances.

"Alteration" or "repair" of an existing building or structure, includes any changes in structural members, stairways, basic construction type, kind or class of occupancy, light or ventilation, means of egress or ingress, or any other changes affecting or regulated by chapter 5, chapter 14, various construction codes, or this chapter except for minor repairs or changes not involving any of the aforesaid provisions.

(c)

Applicability. The types of buildings, structures, and uses subject to a zoning permit include, but are not limited to the following: external modifications/additions that require a building permit (including temporary dwellings), changes of use, landscape modifications, one-story detached accessory structures of less than two-hundred (200) square feet, fences/walls/protective barriers, sidewalks, driveways, and off-street parking/loading areas, and lighting.

(d)

Zoning permit. The zoning permit signifies that in the opinion of the zoning administrator, the intended use, building, or structure complies with all provisions of this chapter. When a building permit is required, such permit will not be issued unless the zoning permit has been issued. In all other cases in which a building permit is not required, the application for a zoning permit will be made prior to the date when construction or installation is intended to begin. Zoning permits may only be issued to the property owner(s) of record, or to an authorized representative(s) of the property owner of record.

(e)

Zoning compliance certificate. The zoning compliance certificate signifies that, in the opinion of the zoning administrator, the intended use, building, or structure complies with the approved zoning permit and all provisions of this chapter. The building official will not issue a certificate of occupancy for any lot, building, or structure without a zoning compliance certificate.

(1)

Temporary zoning compliance certificate. A temporary zoning compliance certificate may be issued by the zoning administrator, with the following conditions when it is determined that the applicant, to the fullest extent possible, has complied with the approved zoning permit and all provisions of this chapter.

a.

In the event that work cannot be completed as submitted on the approved zoning permit due to extraordinary circumstances that are not a result of the applicant's or property owner's own negligence or due to weather conditions which will not allow the work to be completed, the zoning administrator may issue a temporary zoning compliance certificate. The following provisions must be met:

1.

The zoning administrator will specify a date of expiration of the temporary zoning compliance certificate:

i.

For projects that do not exceed two million dollars ($2,000,000.00), the zoning administrator may enter into a development agreement with the applicant which allows the project to be developed in phases over time. The agreement will include a site plan meeting the standards of section 28-135 of this chapter that denotes the phases of development and the proposed dates of completion for each phase. The city reserves the right to send any development agreement to city council for consideration.

ii.

For projects that exceed two million dollars ($2,000,000.00), the city council may enter into a development agreement with the applicant which allows the project to be developed in phases over time. The agreement will include a site plan meeting the standards of section 28-135 of this chapter that denotes the phases of development and the proposed dates of completion for each phase.

2.

The zoning administrator may require a performance guarantee for improvements in accordance with section 28-165 of this chapter.

b.

The applicant will have until the specified date(s) on the temporary zoning compliance certificate and/or development agreement to complete all work as approved on the zoning permit and in accordance with this chapter. In the event that:

1.

The zoning administrator determines that all work has been completed on or before the specified date for completion, a zoning compliance certificate will be issued.

2.

The zoning administrator determines that the applicant has failed to comply with the approved zoning permit or the requirements of this chapter, the zoning administrator may revoke the temporary zoning compliance certificate.

(2)

Zoning compliance certificate. A zoning compliance certificate will be issued by the zoning administrator when it is determined that the development is in compliance with the approved zoning permit and all provisions of this chapter.

(f)

Validity and expiration. All zoning permits will be valid for a period of one (1) year (unless otherwise specified in this chapter) or until a zoning compliance certificate is issued or a certificate of occupancy is issued by the building official. A zoning permit may be revoked at any time if the zoning administrator finds that the applicant is in violation of this chapter or that the development is not in compliance with the approved zoning permit.

(1)

An applicant may request an extension of the zoning permit for up to one (1) additional year. The zoning administrator may grant an extension under the following circumstances:

a.

The applicant must indicate the extraordinary condition(s) which justifies the need for the extension of the zoning permit.

b.

The scale or complexity of the project will not reasonably permit the applicant to be able to complete the entire project within the permitted time-frame.

c.

There are outstanding environmental conditions that are not the result of the applicant's own negligence that will require attention prior to the completion of the development of the site.

(2)

Should the holder of a zoning permit fail to complete the work for which the permit was issued within the time limit as set forth above, any unfinished structure is hereby declared a nuisance and may be abated by appropriate action before the circuit court of the county. The zoning administrator, the city council, any person designated by the city council, or any party aggrieved may institute an action to have the nuisance abated (See Section 605 of PA 110 of 2006, MCL 125.3605 et seq., as amended).

(g)

Submittal requirements. An application for a zoning compliance permit will be accompanied by a plot site plan (PSP) or a full site plan (FSP) meeting the standards of section 28-135 of this chapter.

(Ord. No. 2013.06, § 3, 4-9-13)

The applicant will notify the zoning administrator when inspection is required. Certificates and permits will be issued within fifteen (15) business days after receipt of such application if the building or structure, or part thereof, or the use of land complies with the provisions of this chapter. If issuance of such certificate is refused, the applicant therefore will be notified of such refusal and cause thereof, within the fifteen (15) business day period.

(Ord. No. 2013.06, § 3, 4-9-13)

(a)

The zoning administrator will maintain a record of all certificates and permits in accordance with Section 5 of the Michigan Historical Commission (PA 271 of 1913, MCL 399.5), as amended, Section 491 of the Michigan Penal Code (PA 328 of 1931, MCL 750.491), as amended, and the Retention and Disposal Schedule for Cities and Villages as maintained by the Michigan Department of Technology, Management and Budget.

(b)

Said record must be open for public inspection in accordance with the Michigan's Freedom of Information Act (PA 442 of 1976, MCL 15.231 et seq.) as amended.

(Ord. No. 2013.06, § 3, 4-9-13)

(a)

The city council will establish by resolution a schedule of fees for administering this chapter. The schedule of fees will be posted on public display in the office of the zoning administrator.

(b)

The zoning administrator may reduce fees for projects that may require several approvals from various boards and commissions in the event there may be a cost savings to the city which can be passed on to the applicant. This includes:

(1)

Combined public notices when possible to reduce the number of mailings being sent.

(2)

Reviews of the same site plan which may require approval by more than one authority, but do not necessarily require separate reviews by the zoning administrator.

(c)

No certificate or permit will be issued unless required fees have been paid in full.

(d)

Denial of zoning applications for nonpayment of fines and costs. An individual, partnership, corporation, association, governmental entity, or any other legal entity shall not be eligible to apply to the city for a rezoning, site plan approval, special land use approval, planned unit development approval, variance, or other zoning authorization if that person is delinquent in paying civil fines, costs, or justice system assessments imposed by the City of Jackson's Administrative Hearings Bureau.

Pursuant to Michigan law, this subsection shall not apply to an applicant if the applicant became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure and is one of the following: a government sponsored enterprise, financial institution, mortgage servicer, or credit union as defined by MCL 125.3406(3)(a), (b), (c), and (d).

Additionally, this subsection shall not apply to a zoning authorization if the authorization will correct, in whole or in part, the blight violation that was the subject of the administrative hearings bureau's action.

(Ord. No. 2013.06, § 3, 4-9-13; Ord. No. 2014-17, § 2, 5-13-14)

Zoning compliance certificates issued on the basis of plans and applications approved by the zoning administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction which deviates from that authorized will be deemed a violation of this chapter and punishable as provided by section 28-216, herein.

(Ord. No. 2013.06, § 3, 4-9-13)

When any building or land is located, erected, constructed, reconstructed, enlarged, changed, maintained or used in violation of this chapter, the zoning administrator will have the authority to do any of the following:

(a)

The zoning administrator may serve notice requiring the removal of any use in violation of this chapter upon the owner, agent or tenant of the building or land, or upon the architect, builder, contractor or other person who commits or assists in any such violation.

(b)

The zoning administrator may call upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this chapter, and the city attorney is hereby authorized to institute appropriate actions to that end.

(c)

The zoning administrator may call upon the chief of police (or designee) to assist in the enforcement of this chapter. In addition to the authority vested in the zoning administrator, the city attorney and chief of police may institute appropriate legal proceedings to restrain, abate, or cause the correction or removal of any violation of this chapter.

(Ord. No. 2013.06, § 3, 4-9-13)

(a)

Violations. Violations will be issued by the zoning administrator.

(b)

Penalties. Any person, firm, or corporation violating any of the provisions of this chapter, or any amendment thereto, is responsible for a blight violation and, upon adjudication thereof, is subject to the penalty provided for under chapter 2.5 of this Code. Each and every day such violation is committed or permitted to continue is a separate offense and is punishable as such hereunder.

(c)

Effective date. This amendment does not affect any existing litigation and does not abate any action or proceeding pending under or by virtue of this chapter as it existed before this amendment if such litigation or proceeding was filed before May 9, 2013.

(d)

Compliance required. The imposition of any fine will not exempt the violator from compliance with the provisions of this chapter.

(e)

Public nuisance per se. A use of land or a dwelling, building, or structure, including a tent or recreational vehicle, used, erected, altered, razed, or converted in violation of this chapter or a regulation adopted under the authority of the Michigan Zoning Enabling Act (PA 110 of 2006, MCL 125.3101 et seq.) as amended, is a nuisance and may be abated by order of any court of competent jurisdiction.

(Ord. No. 2013.06, § 3, 4-9-13)