- ADMINISTRATION
The provisions of this title shall be administered by the Charter Township planning commission and the Charter Township board. The administration and enforcement of this title may be delegated to the building inspector and his department. The building inspector and his aides shall for the purpose of this title have the powers of a police officer.
Section 88-1.1. Duties. The building inspector shall:
(1)
Review all applications for building permits and certificates of occupancy and approve or disapprove such applications based on compliance or noncompliance with the provisions of this title and issue certificates when there is compliance with this title.
(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 township board with recommendations; and notify the applicant, in writing, of any decision of the township board.
(3)
Receive all applications for appeals, variances or other matters which the zoning board of appeals is required to decide under this title; 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.
(4)
Receive all applications for amendments to this title; 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 all such applications together with recommendations
(5)
Maintain a map or maps showing the current zoning classifications of all land in the township.
(6)
Maintain written records of all actions taken by the building inspector.
(7)
Be responsible for providing forms necessary for the various applications to the building inspector, planning commission or zoning board of appeals as required by this title and shall be responsible for what information is necessary on such forms for the effective administration of this title, subject to the general policies of the township board, planning commission and zoning board of appeals.
From and after the effective date of this title it shall be unlawful to proceed with excavation for any building, the construction, alteration, enlargement, demolition, moving of any building, or removal of any building without first obtaining a building permit. No permit shall be issued unless such building is designed and arranged to conform to the provisions of this title.
Section 88-2.1. Permit application. Application for a building permit shall be filed in writing with the building inspector, signed by the person, firm, copartnership, or corporation requesting the same or by the duly authorized agent of such person, firm, copartnership, or corporation.
Section 88-2.2. Application data. The application shall contain the following information: location and dimensions of the lot, lots, or acreage; nature of the proposed construction, alteration, or repair; location of the proposed construction, alteration, or repair upon the lot, lots, or acreage affected; dimensions, height and bulk of the structures; the proposed number of sleeping rooms, dwelling units, occupants, employees, and other uses; use of which any structure affected is presently being made, and proposed use thereof. To each copy of the application there shall be annexed an accurately sealed copy of the plan to be followed, which plan shall also disclose the lot dimensions and the location thereon of the proposed construction, alteration, or repair; parking; and other side developments. The building inspector is hereby authorized and empowered to refuse to receive any application as herein provided unless the same shall comply with the requirements set forth.
Section 88-2.3. Evidence of ownership. All applications for permits under provisions of this title shall be accompanied with evidence of ownership of all property affected by the coverage of the permit.
Section 88-2.4. Special permits. Application for special permits authorized in this title shall be made in the following manner and issued, when approved, after stated procedures are fulfilled and the following general standards have been met:
(1)
General standards—Basis of special use permit approvals: The board of trustees or the planning commission's decision on proposed special permits shall be based solely upon compliance with the specific requirements contained elsewhere in this ordinance and the general standards listed below:
A.
General compliance with the township comprehensive land use plan.
B.
Satisfactory assurance that the public facilities are adequate or can be made adequate to serve the proposed project. Specifically, that existing roads, schools, stormwater drainage, fire protection, police protection, emergency medical care, public transportation are adequate to serve the proposed project.
C.
Be designed, constructed, operated and maintained so as to be compatible with the use of adjacent lands.
D.
Not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to public health, safety and welfare by reason of excessive traffic, noise, smoke, fumes, glare or odors.
(2)
The application shall be made on a form provided by the township clerk with the supporting data required attached thereto.
(3)
The township clerk shall establish a date for the planning commission to hold a public hearing within a reasonable time. A written notice of the purpose, time and place of the public hearing shall be sent to the petitioning party and all owners of property within 300 feet of its boundaries and, in addition, the property under question shall have a sign posted on it advertising the proposed change in use. All interested persons beyond the immediate 300-foot radius shall also have the right to be heard at the public hearing as this notice is not an effort to limit the range of influence of the proposed development.
(4)
A copy of the decision with any conditions shall be sent promptly by the township clerk to the applicant and to the building inspector.
(5)
Any application for a special permit shall be accompanied with a payment of fee in accordance with a schedule of fees adopted by the township board. The purpose of the fee is to cover any necessary advertisement and investigation expenses incurred in connection with the application.
(6)
No application for a special permit which has been denied by the township planning commission or the board of trustees shall be resubmitted for a period of one year from the date of last denial except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the planning commission to be valid. (Ord. No. 31.122, § 1, 8-1-89)
Section 88-2.5. Inspection fee. Before any permit shall be issued covering building or other operations regulated by this title, an inspection fee shall be paid according to the schedule established by resolution of the township board.
Section 88-2.6. Voiding of permit. In the event a building permit shall have been issued by the building inspector and no proceedings under authority thereof shall have been commenced by the applicant within a period of 60 days following the date of issuance or if the building or work authorized under such permit is suspended with no substantial progress thereon for a period of 120 days after the work has been commenced, then such permit shall lapse and become void and become ineffective as authorized for acting thereon unless a new permit shall be obtained from the building inspector. The fee for such new permit shall be one-half of the amount originally paid with application for permit and provided, further, that no changes have been made in the original plans and specifications of such work and provided, further, that such suspension or abandonment has not exceeded one year. No original building permit shall be reinstated more than once. The building inspector may suspend or revoke a permit issued under the provisions of this title whenever the permit is issued in error or on basis of incorrect information supplied by the applicant or his agent or in violation of any of the provisions of this title or of any other provisions of this Code.
Section 88-2.7. Inspections.
As the work progresses under a building permit, the holder thereof shall cause the building inspector to be notified at the stages of construction as required by the township building code.
(1)
Upon completion of the forms for the footings and before the pouring of the footings;
(2)
Upon completion of the foundation walls and before backfilling;
(3)
Upon completion of the frames and pipes, chimneys and vents;
(4)
Upon completion of the work authorized by the building permit.
Upon receipt of such notification, the township building inspector shall first satisfy himself that the corners and boundaries of the lot are accurately designated and forthwith proceed to make an inspection of the progress of the construction, and if the same shall meet the requirements of this title at the stage of such inspection, he shall issue his written approval thereof and the applicant shall thereupon be authorized to proceed in accordance with the building permit. Should the building inspector determine that the construction is not proceeding according to plan filed, or is in violation of any provision of this title, or any other applicable provision of this Code, or contrary to any applicable law, he shall so notify the holder of the building permit, or his agent, and further construction shall be stayed until correction of the defects set forth has been accomplished and approved by the building inspector upon notice and request for reinspection duly made.
Should the building permit holder fail to comply with the requirements of the building inspector at any inspection stage, the latter shall make report in writing of such failure to the township clerk whose duty it shall be to forthwith cancel the building permit issued, and the clerk shall cause notice of such permit cancellation to be securely posted upon or affixed to the construction not conforming to the building inspector's requirements, and such posting shall be considered as service upon and notice to the permit holder, of cancellation thereof; and no further work upon said construction shall be undertaken or permitted until a valid building permit shall thereafter have been issued, which may be accomplished in like manner as reinstatement of a lapsed building permit.
It shall be the duty of the building inspector to report any construction, alteration, or repair of buildings in the township contrary to the provisions of this ordinance to the township clerk.
Hereafter, no land shall be occupied or used and no building hereafter erected or structurally altered shall be occupied or used in whole or in part for any purpose whatsoever, until a certificate is issued by the building inspector, stating that the building and use comply with the provisions of this title and the building and health ordinances. No change of use shall be made in any building or part thereof now or hereafter erected or structurally altered without a permit being issued therefor by the building inspector. No permit shall be issued to make a change unless the changes are in conformity with the provisions of this title. Nothing in this section shall prevent the continuance of a nonconforming use as hereinbefore authorized unless a discontinuance is necessary for the safety of life or property.
Certificates for occupancy and compliance shall be applied for coincidentally with the application for a building permit, and shall be issued within ten days after the lawful erection or alteration of the building is completed, as certified by the building inspector. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No permit for excavation for or the erection or alteration of any building shall be issued before application has been made for certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued.
In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, and general welfare. It is not intended by this title to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use of a building or land than existing easements, covenants, or other agreements, the provisions of this title shall govern or control. Whenever the requirements of this title differ from the requirements of other lawfully adopted rules, regulations, or provisions of this Code, the most restrictive, or that imposing the higher standards, shall govern.
Nothing herein contained shall be deemed to repeal or amend any provisions of this Code requiring a permit or license or both, to cover any business.
Any person, officer of a corporation or member of a firm violating, or neglecting, or refusing to comply with any of the provisions of this title shall upon conviction thereof be deemed guilty of a misdemeanor and shall be punished by imposition of a fine not to exceed $100.00 dollars or by commitment to jail for a period not to exceed 90 days, or by imposition of both fine and commitment within the discretion of the court. Each day that violation is permitted to exist shall constitute a separate offense.
Any use of land, dwellings, buildings, or structures, including tents and trailers, used, erected, altered, razed or converted in violation of any provision of this title, or regulation lawfully adopted hereunder, is hereby declared to be a nuisance per se and the Lansing Charter Township board, after resolution duly adopted, or any private citizen, may take action in any court of competent jurisdiction to cause the abatement of such nuisance, and such remedy shall be in addition to the imposition of penalty for violation of the terms hereof as provided in the next preceding section.
- ADMINISTRATION
The provisions of this title shall be administered by the Charter Township planning commission and the Charter Township board. The administration and enforcement of this title may be delegated to the building inspector and his department. The building inspector and his aides shall for the purpose of this title have the powers of a police officer.
Section 88-1.1. Duties. The building inspector shall:
(1)
Review all applications for building permits and certificates of occupancy and approve or disapprove such applications based on compliance or noncompliance with the provisions of this title and issue certificates when there is compliance with this title.
(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 township board with recommendations; and notify the applicant, in writing, of any decision of the township board.
(3)
Receive all applications for appeals, variances or other matters which the zoning board of appeals is required to decide under this title; 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.
(4)
Receive all applications for amendments to this title; 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 all such applications together with recommendations
(5)
Maintain a map or maps showing the current zoning classifications of all land in the township.
(6)
Maintain written records of all actions taken by the building inspector.
(7)
Be responsible for providing forms necessary for the various applications to the building inspector, planning commission or zoning board of appeals as required by this title and shall be responsible for what information is necessary on such forms for the effective administration of this title, subject to the general policies of the township board, planning commission and zoning board of appeals.
From and after the effective date of this title it shall be unlawful to proceed with excavation for any building, the construction, alteration, enlargement, demolition, moving of any building, or removal of any building without first obtaining a building permit. No permit shall be issued unless such building is designed and arranged to conform to the provisions of this title.
Section 88-2.1. Permit application. Application for a building permit shall be filed in writing with the building inspector, signed by the person, firm, copartnership, or corporation requesting the same or by the duly authorized agent of such person, firm, copartnership, or corporation.
Section 88-2.2. Application data. The application shall contain the following information: location and dimensions of the lot, lots, or acreage; nature of the proposed construction, alteration, or repair; location of the proposed construction, alteration, or repair upon the lot, lots, or acreage affected; dimensions, height and bulk of the structures; the proposed number of sleeping rooms, dwelling units, occupants, employees, and other uses; use of which any structure affected is presently being made, and proposed use thereof. To each copy of the application there shall be annexed an accurately sealed copy of the plan to be followed, which plan shall also disclose the lot dimensions and the location thereon of the proposed construction, alteration, or repair; parking; and other side developments. The building inspector is hereby authorized and empowered to refuse to receive any application as herein provided unless the same shall comply with the requirements set forth.
Section 88-2.3. Evidence of ownership. All applications for permits under provisions of this title shall be accompanied with evidence of ownership of all property affected by the coverage of the permit.
Section 88-2.4. Special permits. Application for special permits authorized in this title shall be made in the following manner and issued, when approved, after stated procedures are fulfilled and the following general standards have been met:
(1)
General standards—Basis of special use permit approvals: The board of trustees or the planning commission's decision on proposed special permits shall be based solely upon compliance with the specific requirements contained elsewhere in this ordinance and the general standards listed below:
A.
General compliance with the township comprehensive land use plan.
B.
Satisfactory assurance that the public facilities are adequate or can be made adequate to serve the proposed project. Specifically, that existing roads, schools, stormwater drainage, fire protection, police protection, emergency medical care, public transportation are adequate to serve the proposed project.
C.
Be designed, constructed, operated and maintained so as to be compatible with the use of adjacent lands.
D.
Not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to public health, safety and welfare by reason of excessive traffic, noise, smoke, fumes, glare or odors.
(2)
The application shall be made on a form provided by the township clerk with the supporting data required attached thereto.
(3)
The township clerk shall establish a date for the planning commission to hold a public hearing within a reasonable time. A written notice of the purpose, time and place of the public hearing shall be sent to the petitioning party and all owners of property within 300 feet of its boundaries and, in addition, the property under question shall have a sign posted on it advertising the proposed change in use. All interested persons beyond the immediate 300-foot radius shall also have the right to be heard at the public hearing as this notice is not an effort to limit the range of influence of the proposed development.
(4)
A copy of the decision with any conditions shall be sent promptly by the township clerk to the applicant and to the building inspector.
(5)
Any application for a special permit shall be accompanied with a payment of fee in accordance with a schedule of fees adopted by the township board. The purpose of the fee is to cover any necessary advertisement and investigation expenses incurred in connection with the application.
(6)
No application for a special permit which has been denied by the township planning commission or the board of trustees shall be resubmitted for a period of one year from the date of last denial except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the planning commission to be valid. (Ord. No. 31.122, § 1, 8-1-89)
Section 88-2.5. Inspection fee. Before any permit shall be issued covering building or other operations regulated by this title, an inspection fee shall be paid according to the schedule established by resolution of the township board.
Section 88-2.6. Voiding of permit. In the event a building permit shall have been issued by the building inspector and no proceedings under authority thereof shall have been commenced by the applicant within a period of 60 days following the date of issuance or if the building or work authorized under such permit is suspended with no substantial progress thereon for a period of 120 days after the work has been commenced, then such permit shall lapse and become void and become ineffective as authorized for acting thereon unless a new permit shall be obtained from the building inspector. The fee for such new permit shall be one-half of the amount originally paid with application for permit and provided, further, that no changes have been made in the original plans and specifications of such work and provided, further, that such suspension or abandonment has not exceeded one year. No original building permit shall be reinstated more than once. The building inspector may suspend or revoke a permit issued under the provisions of this title whenever the permit is issued in error or on basis of incorrect information supplied by the applicant or his agent or in violation of any of the provisions of this title or of any other provisions of this Code.
Section 88-2.7. Inspections.
As the work progresses under a building permit, the holder thereof shall cause the building inspector to be notified at the stages of construction as required by the township building code.
(1)
Upon completion of the forms for the footings and before the pouring of the footings;
(2)
Upon completion of the foundation walls and before backfilling;
(3)
Upon completion of the frames and pipes, chimneys and vents;
(4)
Upon completion of the work authorized by the building permit.
Upon receipt of such notification, the township building inspector shall first satisfy himself that the corners and boundaries of the lot are accurately designated and forthwith proceed to make an inspection of the progress of the construction, and if the same shall meet the requirements of this title at the stage of such inspection, he shall issue his written approval thereof and the applicant shall thereupon be authorized to proceed in accordance with the building permit. Should the building inspector determine that the construction is not proceeding according to plan filed, or is in violation of any provision of this title, or any other applicable provision of this Code, or contrary to any applicable law, he shall so notify the holder of the building permit, or his agent, and further construction shall be stayed until correction of the defects set forth has been accomplished and approved by the building inspector upon notice and request for reinspection duly made.
Should the building permit holder fail to comply with the requirements of the building inspector at any inspection stage, the latter shall make report in writing of such failure to the township clerk whose duty it shall be to forthwith cancel the building permit issued, and the clerk shall cause notice of such permit cancellation to be securely posted upon or affixed to the construction not conforming to the building inspector's requirements, and such posting shall be considered as service upon and notice to the permit holder, of cancellation thereof; and no further work upon said construction shall be undertaken or permitted until a valid building permit shall thereafter have been issued, which may be accomplished in like manner as reinstatement of a lapsed building permit.
It shall be the duty of the building inspector to report any construction, alteration, or repair of buildings in the township contrary to the provisions of this ordinance to the township clerk.
Hereafter, no land shall be occupied or used and no building hereafter erected or structurally altered shall be occupied or used in whole or in part for any purpose whatsoever, until a certificate is issued by the building inspector, stating that the building and use comply with the provisions of this title and the building and health ordinances. No change of use shall be made in any building or part thereof now or hereafter erected or structurally altered without a permit being issued therefor by the building inspector. No permit shall be issued to make a change unless the changes are in conformity with the provisions of this title. Nothing in this section shall prevent the continuance of a nonconforming use as hereinbefore authorized unless a discontinuance is necessary for the safety of life or property.
Certificates for occupancy and compliance shall be applied for coincidentally with the application for a building permit, and shall be issued within ten days after the lawful erection or alteration of the building is completed, as certified by the building inspector. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No permit for excavation for or the erection or alteration of any building shall be issued before application has been made for certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued.
In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, and general welfare. It is not intended by this title to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use of a building or land than existing easements, covenants, or other agreements, the provisions of this title shall govern or control. Whenever the requirements of this title differ from the requirements of other lawfully adopted rules, regulations, or provisions of this Code, the most restrictive, or that imposing the higher standards, shall govern.
Nothing herein contained shall be deemed to repeal or amend any provisions of this Code requiring a permit or license or both, to cover any business.
Any person, officer of a corporation or member of a firm violating, or neglecting, or refusing to comply with any of the provisions of this title shall upon conviction thereof be deemed guilty of a misdemeanor and shall be punished by imposition of a fine not to exceed $100.00 dollars or by commitment to jail for a period not to exceed 90 days, or by imposition of both fine and commitment within the discretion of the court. Each day that violation is permitted to exist shall constitute a separate offense.
Any use of land, dwellings, buildings, or structures, including tents and trailers, used, erected, altered, razed or converted in violation of any provision of this title, or regulation lawfully adopted hereunder, is hereby declared to be a nuisance per se and the Lansing Charter Township board, after resolution duly adopted, or any private citizen, may take action in any court of competent jurisdiction to cause the abatement of such nuisance, and such remedy shall be in addition to the imposition of penalty for violation of the terms hereof as provided in the next preceding section.