It is the purpose of this article to provide the procedures for the administration of this chapter, issuance of permits, inspection of properties, collection of fees, handling of violators, and enforcement of the provisions of this chapter and amendments thereto.

(Code 2003, § 42-31; Ord. of 3-26-2001, § 6.1)

Except when otherwise stated in this chapter, the provisions of this chapter shall be administered by the zoning administrator or by such deputies of his department as the township board may designate to enforce the provisions of this chapter.

(Code 2003, § 42-32; Ord. of 3-26-2001, § 6.2)

(a)

The zoning administrator shall be deputized and shall have the power to grant zoning compliance permits and certificates of occupancy and to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the zoning administrator to approve plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this chapter, nor shall the zoning administrator vary or change any terms of this chapter.

(b)

If the zoning administrator shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation and provide a copy of this chapter, indicating the nature of the violation being violated, and ordering the action necessary to correct it within seven days.

(c)

Following notification, the zoning administrator shall have the authority to implement the enforcement thereof by any of the following means:

(1)

He 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.

(2)

He may issue appearance tickets for violations of this chapter. He may call upon the chief of police or his deputies to assist in the enforcement of this chapter.

(3)

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

(4)

He may call upon the chief of police or his deputies to assist in the enforcement of this chapter. In addition to the authority vested in the zoning administrator, the township attorney or any adjacent or neighboring property owner who would be specially damaged by violations of this chapter may institute injunction to restrain or abate or to cause the correction or removal of any violation of this chapter.

(d)

The zoning administrator shall submit to the planning commission and the township board quarterly reports fully explaining the type and nature of uses permitted by right; the nature and extent of violations of this chapter; and the type and nature of nonconforming uses, buildings, and structures. The zoning administrator shall maintain a record of all zoning compliance permits and certificates of occupancy.

(Code 2003, § 42-33; Ord. of 3-26-2001, § 6.3)

(a)

Required; issuance.

(1)

No building or structure, or part thereof, shall hereafter be located, erected, constructed, reconstructed, altered, converted, or enlarged or moved, nor shall any change be made in the use of any building, structure, or land, without a zoning compliance permit having been obtained from the zoning administrator for such building, structure, or land. A zoning compliance application shall be filled out and submitted to the zoning administrator.

(2)

The zoning administrator shall require that all applications for zoning compliance permits shall be accompanied by plans and specifications including a plot plan in duplicate, drawn to scale, showing the following information:

a.

The actual dimensions and shape of the lot to be built upon;

b.

The exact size and location of existing structures on the lot, if any; and

c.

The location and dimensions of the proposed structure or alteration.

One copy of the plans shall be returned to the applicant by the zoning administrator after such copy has been approved or disapproved and such approval or disapproval attested to by the zoning administrator's signature on such copy. The zoning administrator shall retain the original copy, similarly marked, for his files. Whenever the buildings, structures, and uses as set forth in the application are in conformity with the provisions of this chapter, the zoning administrator shall issue the applicant a zoning compliance permit within ten days of the filing thereof. Where action of the board of appeals or the planning commission is required in any case, as set forth in this chapter, the zoning administrator shall issue such permit within 21 days following such action.

(b)

Expiration; renewal. Any zoning compliance permit granted under this chapter shall become null and void and fees forfeited if any facts are knowingly falsified or misrepresented by the petitioner, and unless construction is completed and use initiated within 545 days of the date of issuance. A zoning compliance permit shall be renewable upon reapplication and upon payment of the fee, subject, however, to the provisions of all ordinances in effect at the time of renewal.

(Code 2003, § 42-34; Ord. of 3-26-2001, § 6.4)

(a)

Required; issuance.

(1)

No building or structure, or part thereof, shall be occupied by or used for any use for which a zoning compliance permit is required by this chapter unless and until a certificate of occupancy shall have been issued for such use. The holder of a zoning compliance permit for the construction, erection, or moving of any building, structure or part thereof, or for the establishment of a use, shall make application to the zoning administrator immediately upon the completion of the work authorized by the zoning compliance permit for a final inspection.

(2)

A certificate of occupancy shall be issued by the zoning administrator within five days after receipt of such application if it is found that the building or structure, or part thereof, is in accordance with the provisions of this chapter.

(b)

Cancellation. Any certificate of occupancy granted under this chapter shall become null and void if such use, building, or structure for which the certificate was issued is found by the zoning administrator to be in violation of this chapter. The zoning administrator, upon finding such violation, shall immediately notify the township board of the violation and void the certificate of occupancy.

(Code 2003, § 42-35; Ord. of 3-26-2001, § 6.5)

The township board shall establish a schedule of fees, charges and expenses, and a collection procedure for zoning compliance permits, certificates of occupancy, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the zoning administrator, and may be altered or amended only by the township board. No permit, certificate, conditional use or approval, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the board of appeals unless or until preliminary charges and fees have been paid in full.

(Code 2003, § 42-36; Ord. of 3-26-2001, § 6.6)

Violations of this chapter are hereby declared to be a nuisance per se. The court shall order such nuisance abated and the owner and/or agent in charge shall be adjudged guilty of maintaining a nuisance per se. Anyone violating the provisions of this chapter shall be guilty of a misdemeanor. The imposition of any sentence shall not except the offender from compliance with the requirements of this chapter.

(Code 2003, § 42-37; Ord. of 3-26-2001, § 6.7)

There is hereby established a board of appeals, which shall perform its duties and exercise its powers as provided in MCL 125.3601 et seq., in such a way that the objectives of this chapter shall be observed, the public health and safety secured, and substantial justice done.

(Code 2003, § 42-61; Ord. of 3-26-2001, § 7.1)

The board of appeals shall hear and decide only such matters as the board of appeals is specifically authorized to pass on as provided in this chapter. The board of appeals shall not have the power to alter or change the zoning districts classification of any property, or to make any changes in the terms of this chapter, but does have the power to authorize a variance, to act on those matters where this chapter may require an interpretation, and to issue a temporary use permit when authorized by this chapter.

(Code 2003, § 42-62; Ord. of 3-26-2001, § 7.2)

(a)

The board of appeals may authorize, upon an appeal, a variance from the strict application of the provisions of this chapter where, by reason of exceptional narrowness, shallowness, shape, or contour of a specific tract of land at the time of enactment of the ordinance from which this chapter is derived or by reason of exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to or exceptional undue hardship upon the owner of such property. No variance shall be granted to permit the establishment within a district of any use which is excluded or for which a conditional use permit is required.

(b)

A variance from the terms of this chapter shall not be granted by the board of appeals unless and until:

(1)

A written application for a variance is submitted, demonstrating the following:

a.

Strict compliance with the standard would unreasonably prevent the land owner from using the property for a permitted use or would render conformity necessarily burdensome.

b.

The particular request, or a lesser relaxation of ordinance standard, would provide substantial justice to the land owner and neighbors.

c.

The plight is due to unique circumstances of property and is not shared by neighboring properties in the same zone.

d.

The problem is not self-created.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts, shall be considered grounds for the issuance of a variance.

(2)

The board of appeals shall determine that the requirements of this chapter have been met by the applicant for a variance, and for each met requirement, state for the record and in its minutes, why the board of appeals determined that the requirement was met.

(3)

The board of appeals shall determine that the reasons set forth in the application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

(4)

The board of appeals shall determine that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighboring parcels or otherwise detrimental to the public welfare.

(c)

In granting any variance, the board of appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

(d)

Each variance granted under the provisions of this chapter shall become null and void unless:

(1)

The construction authorized by such variance or permit has been commenced within 180 days after the granting of such variance and pursued diligently to completion; or

(2)

The occupancy of land or buildings authorized by such variance has taken place within 180 days after the granting of such variance.

(e)

No application for a variance which has been denied wholly or in part by the board of appeals shall be resubmitted for a period of 365 days from such denial, except on grounds of new evidence or proof of changed conditions found by the board of appeals to be valid.

(Code 2003, § 42-63; Ord. of 3-26-2001, § 7.3; Ord. of 7-13-2021 )

The board of appeals shall hear and decide appeals where it is alleged by the applicant there is an error in any order, requirement, permit, decision, or refusal made by the zoning administrator or any other administrative official in carrying out or enforcing any provisions of this chapter, including interpretations of the zoning map.

(Code 2003, § 42-64; Ord. of 3-26-2001, § 7.4)

(a)

Filing of appeal. Appeal from the ruling of the zoning administrator or the township board concerning the enforcement of the provisions of this chapter may be made to the board of appeals within 60 days by filing with the officer from whom the appeal is taken. This officer shall forthwith transmit to the board of appeals all the papers constituting the record upon which the action appealed was taken.

(b)

Persons who may appeal. Appeals to the board of appeals may be petitioned by any person aggrieved or by any officer, department, board, agency, or bureau of the township, county, or state.

(c)

Fee. A fee as prescribed by the township board shall be paid to the township at the time of filing the petition for appeal. No part of the fee shall be returnable to the petitioner.

(d)

Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the board of appeals, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order, which may be granted by the board of appeals or by the circuit court, on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(e)

Notice of hearing.

(1)

When a request for an appeal has been filed in proper form with the board of appeals, the board of appeals' secretary or the township clerk shall immediately place the request for appeal upon the calendar for hearing, and cause notice, stating the time, place, and object of the hearing, to be served personally or by registered return receipt mail at least ten days prior to the date of such hearing, upon the party making the request for appeal.

(2)

Notice of the public hearing shall be sent and publicized in a newspaper circulated in the township, at least ten days prior to the hearing, to the owner of the property in question and to all persons to whom any real property within 300 feet of the premises in question is assessed, and to the occupants of all single-family and two-family dwellings within 300 feet. The property in question shall also be conspicuously posted at least ten days prior to the hearing.

(f)

Representation at hearing. Upon the hearing, any party may appear in person or by agent or by attorney.

(g)

Decision; appeal to circuit court. The board of appeals shall decide upon all matters within a reasonable time and may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made on the premises and to that end shall have all the powers of the zoning administrator or the township board from whom the appeal is taken. The board of appeals' decision of such appeals shall be in the form of a resolution containing a full record of the findings and determination of the board of appeals in each particular case. Any person having an interest affected by such resolution shall have the right to appeal to the circuit court on question of law and fact.

(Code 2003, § 42-65; Ord. of 3-26-2001, § 7.5)

The township board may, from time to time, on recommendation from the planning commission or on its own motion, amend, modify, supplement, or revise the district boundaries or the provisions and regulations established in this chapter whenever the public necessity and convenience and the general welfare require such amendments. Such amendment may be initiated by resolution of the township board, by the planning commission, or by petition of one or more owners of property to be affected by the proposed amendment. Except for the township board or the planning commission, the petitioner requesting an amendment shall at the time of application pay the fee established by resolution of the township board, no part of which shall be returnable to the petitioner.

(Code 2003, § 42-81; Ord. of 3-26-2001, § 8.1)

(a)

The procedure for making an amendment to this chapter shall be in accordance with MCL 125.3101 et seq.

(b)

No petition to amend this chapter or effect a district change shall be reconsidered by the planning commission after the petition has been rejected by the township board for a period of 365 days from such denial, except those petitions containing new evidence or proof of changed conditions concerning such petition.

(Code 2003, § 42-82; Ord. of 3-26-2001, § 8.2)

Any amendment for the purpose of conforming a provision of this chapter to the decree of a court of competent jurisdiction shall be adopted by the township board and the amendment published without referring the amendment to any other board or agency.

(Code 2003, § 42-83; Ord. of 3-26-2001, § 8.3)