Michiana City Zoning Code
ARTICLE III
Administration, Enforcement and Penalties
§ 360-6 Purpose.
It is the purpose of this article to provide for the administration and enforcement of this chapter, including the creation of a review and permit process. The primary permit process shall require the issuance of a zoning compliance certificate, which shall indicate that the uses and plans for which the certificate is requested comply with this chapter. Upon the issuance of a certificate, the applicant may establish the use for which the certificate has been issued, including the erection of a building or structure, provided a building permit has been obtained from the Building Inspector demonstrating conformance to the requirements of the Construction Code.[1] For single-family dwellings, a building permit may simultaneously serve as a zoning compliance certificate.
[1]
Editor's Note: See Ch. 143, Construction Codes.
§ 360-7 Zoning compliance certificate required.
A.
Certification required/conformance to ordinance. Except as provided in Subsection B below, no grading or excavation shall be initiated, no fence, wall, structure or building shall be erected, altered or moved, and no land or building shall be used or undergo a change in use as delineated in Table 4-2 of this chapter until the Zoning Administrator has issued a zoning compliance certificate that shall signify the proposed activity conforms to the requirements of this chapter and, where required by state law, the Building Inspector certifies proposed structures and buildings comply with the Village's Construction Code through the issuance of a building permit. Such certification of zoning compliance shall be on a form established for such purpose, and the completed form shall identify the specific use authorized, the drawings that graphically portray the proposed alterations and improvements to the property, and any conditions made part of such certification. No zoning compliance certificate or building permit shall be issued for any structure, building or use of land where the use, construction, addition or alteration would be in violation of this chapter. See § 360-9 regarding application for compliance certificates.
(1)
In the case of a single-family dwelling, a building permit may simultaneously serve as a zoning compliance certificate. However, any building permit application that is to simultaneously serve as an application for zoning compliance certification shall include all information required by this chapter in addition to any information that may be necessary to conform to the Construction Code for building permit approval.
B.
Zoning compliance certificate exemption. Certification of zoning compliance shall not be required for the alteration of any residential building wall, provided no change is made to the height or location of an exterior wall and such alterations are in compliance with all requirements and standards of this chapter.
§ 360-8 Responsibility for administration.
A.
General administration. The administration and enforcement of this chapter shall be the responsibility of the Village Council, the Zoning Board of Appeals, and such personnel as designated by the Village Council in accordance with Public Acts of 2006, No. 110, as amended, and this chapter. The Village Council shall appoint a Zoning Administrator who shall act as an officer in the administration and enforcement of this chapter. The Zoning Administrator may simultaneously serve as the Building Inspector.
B.
Duties of the Zoning Administrator. Under no circumstances is the Zoning Administrator permitted to make changes in this chapter, nor to vary the terms of this chapter while carrying out the duties prescribed herein. The Zoning Administrator shall perform the duties specified in this chapter, including, at a minimum:
(1)
Review applications. Undertake and/or assist in the review of zoning compliance certificate applications and other applications made under this chapter, including applications for plot plans, site plans, special land use approvals, and variances.
(2)
Issue compliance certificates. Issue certificates of zoning compliance and other approvals when all provisions of this chapter have been met and the necessary approval has been granted by the proper body or official.
(3)
File of applications. Maintain files of all zoning compliance certificate applications, action on such applications, and any performance guarantees associated with such certificates. These files shall be open for public inspection.
(4)
Inspections and violations. Assist in the investigation and resolution of violations of this chapter, including inspections of buildings or premises to investigate, monitor and ensure conformance with this chapter; also to request state agencies' reviews deemed necessary during construction.
(5)
Record of complaints. The Zoning Administrator shall keep a record of every complaint of a violation of any of the provisions of this chapter and of the action taken consequent to each complaint, and shall provide the Village Clerk with a copy of such records. Such records shall be open for public inspection.
(6)
Reports. The Zoning Administrator shall report to and attend meetings of the Zoning Board of Appeals and Village Council, as requested by such bodies, on activities pertaining to the issuance of compliance certificates, complaints of violation, actions taken on such complaints, and other ordinance administrative and enforcement matters as may arise.
§ 360-9 Zoning compliance certificate application and review procedures.
A.
General application and review. An application for a zoning compliance certificate shall be available from the Village Clerk. Upon approval of the application, which is to include, at a minimum, a plot plan or site plan, a certificate of compliance shall be issued. Whenever an application for a single-family dwelling and accessory uses and structures is in conformity with the provisions of this chapter or a variance granted by the Zoning Board of Appeals, the Zoning Administrator shall issue the zoning compliance certificate. Zoning compliance certificate applications for uses, buildings and structures not associated with a single-family dwelling shall be issued by the Zoning Administrator only after the Village Council finds such application is in conformity with the provisions of this chapter or a variance granted by the Zoning Board of Appeals according to Article VII.
(1)
Plot plan/site plan. An application for a zoning compliance certificate shall include the submittal of a plot plan or site plan. An application for a single-family dwelling and accessory structures thereto shall include the submittal of a plot plan according to Subsection B below. A site plan shall be required for all other uses, structures and buildings and shall be prepared according to Article XI, Site Plan Review. Upon approval of the plot plan or final site plan, a zoning compliance certificate shall be issued, except as may be provided otherwise in this chapter. Two site plans are required at a scale of one inch equals 20 feet. The first site plan shall show existing property corners, existing elevation contours clearly marked at one-foot intervals, and the location of any and all existing structures located from property corners or property lines. The second site plan shall show existing and proposed contours at one-foot contour intervals and any and all proposed structures located from property corners or property lines. See Article XI for detailed site plan review regulations, which provide for Village Council action on site plans.
(2)
Special land uses. In addition to meeting the site plan requirements of Article XI, a zoning compliance certificate application for a use classified as a "special land use" according to Table 4-2 shall be processed according to the provisions of Article XII, Special Land Uses, which require Village Council action.
(3)
Variances. Where the approval of a variance by the Zoning Board of Appeals pursuant to § 360-56 is necessary for the approval of a proposed plot plan or site plan, no plot plan or site plan shall be approved nor shall such project be issued a zoning compliance certificate until action on such variance request has been taken by the Zoning Board of Appeals.
(4)
Incomplete applications. If zoning compliance certificate application materials are not administratively complete when received by the body that is to take action on the application, the body may deny such application or otherwise delay action on the application until it is made complete in a readily comprehensible manner.
(5)
Performance guarantees. A performance guarantee may be required as a condition to the issuance of any zoning compliance certificate in order to ensure conformance with the requirements of this chapter (see § 360-11).
(6)
Certificate refusal in writing. In any case where a zoning compliance certificate or other approval requested under this chapter is refused, the reasons shall be stated in writing to the applicant.
B.
Single-family dwellings/plot plan approval.
(1)
Application required. Application for a zoning compliance certificate for a single-family dwelling, including alterations and accessory structures and buildings thereto, shall be submitted to the Zoning Administrator on a form for that purpose and available from the Village Clerk. See § 360-7B for exceptions. Three copies of all application materials shall be submitted and shall consist of:
(a)
The completed certificate application form and all permit applications, approvals and supporting documents associated with required state or federal permits.
(b)
An accurate, readable, drawing of a scale not less than one inch equals 20 feet, constituting a plot plan, identifying the following:
[1]
Name, address and telephone number of the applicant (and owner, if different).
[2]
A survey showing property dimensions and legal description, lot area and an arrow pointing North, prepared by a Michigan-licensed surveyor.
[3]
The location, dimensions and height of the existing and/or proposed structures to be erected, altered or moved on the lot. (See definition for "building height" in Article XIV.)
[4]
Distances of buildings and structures from lot lines.
[5]
A description of proposed use(s) of the building(s), land and structures.
[6]
Configuration of the driveway and parking areas, and driveway design specifications demonstrating that driveway runoff will not cause ponding, flooding or erosion along the intersecting road, as may be required by § 360-79.
[7]
Existing public rights-of-way and easements.
[8]
Front, side and rear elevations of all buildings, prepared by a Michigan-licensed architect.
[9]
Existing and/or proposed location of septic drain field and potable water well.
[10]
In the case of a corner lot, the designated side and rear yards. See Footnote 3 of Table 4-3.[1]
[1]
Editor's Note: Table 4-3, Site Development Requirements for Principal Land Uses, is attached to this chapter.
[11]
Any other information deemed necessary by the Zoning Administrator to determine ordinance compliance and provide for the enforcement of this chapter.
[12]
Furnish copies of all applications for permits from other local, state and federal agencies, and copies of permits issued by those agencies.
(2)
Application review. The Zoning Administrator shall review the zoning compliance certificate application and plot plan and determine their conformity with the provisions of this chapter, including requirements pertaining to lot area, lot width, setbacks, building height and permitted uses.
(3)
Action on application. After conducting a review, the Zoning Administrator shall reject, approve or conditionally approve the plot plan as it pertains to requirements and standards contained in this chapter. The applicant shall be notified in writing of the Zoning Administrator's action on the application, including any conditions associated with an approval. The decision by the Zoning Administrator shall be made within 15 workdays of the receipt of a complete plot plan application, including copies of all required county, state and federal applications and permits. See § 360-9C(1) below regarding withholding of approval. A plot plan shall be approved if it contains the information required by and is in compliance with this chapter.
(4)
Approved plot plans. At least two copies of an approved plot plan, with any conditions contained within, shall be maintained as part of the Village records for future review and enforcement. One copy shall be returned to the applicant. For identification of the approved plans, each copy shall be signed and dated with the date of approval by the Zoning Administrator. If any variances from the chapter have been obtained from the Zoning Board of Appeals, the minutes concerning the variances, duly signed, shall also be filed with the Village records as a part of the plot plan and delivered to the applicant for information and direction.
(5)
Plot plan changes. The Zoning Administrator shall review proposed changes to an approved plot plan in the same manner as the original plot plan application was submitted, reviewed and acted upon.
C.
Certificate withholding, expiration and revocation.
(1)
Withholding certificate. Where this chapter grants approval authority to a specific body, as in the case of plot plan approval by the Zoning Administrator and variance approval by the Zoning Board of Appeals, the designated approving body may withhold approval of an application pending verification that an applicant has received required county, state or federal permits, including but not limited to sewage disposal and potable water permits; soil erosion and sedimentation control permits; floodplain permits; and MDEQ permits for alteration of wetlands, critical dunes and high-risk erosion areas. Similarly, the Zoning Administrator, Zoning Board of Appeals or Village Council may condition final approval of the requested application on which it is required to act upon the receipt of any of the above-mentioned county, state or federal approvals or withhold the issuance of a compliance certificate until said permits from other agencies have been obtained. In no case shall a zoning compliance permit be issued for a use or structure prior to the receipt of a required MDEQ permit.
(2)
Expiration of certificate. A compliance certificate shall become null and void after one year from the date of its issuance; provided, however, that the body which approved such certificate may waive or extend the period of time in which the certificate is to expire for a single period of no greater than 180 days, if it is satisfied that the owner is maintaining a good faith intention to proceed with construction. Upon expiration, the certificate shall be renewable only upon reapplication.
(3)
Revocation. The Zoning Administrator in the case of a use subject to plot plan approval, or the Village Council in the case of a use subject to site plan approval, may revoke or cancel any approval in case of failure or neglect to comply with this chapter or in the case of any false statement or misrepresentation made in the application.
(a)
Prior to the revocation of a certificate for any use or building subject to site plan approval, the Village Council shall hold a hearing on such revocation. The Zoning Administrator may issue a stop-work order to halt all construction activities and usage pending a decision on revocation of said certificate. At the hearing, the Village Council shall state the basis for the revocation, and the certificate holder shall be given the opportunity to present evidence and testimony against such revocation.
(b)
Following the hearing, the Village Council may revoke the certificate, delay such revocation for a specified time period to permit the certificate holder time to correct specified violations, or find there is no basis for such revocation.
(c)
Upon certificate revocation or in the case where revocation is delayed to correct violations, all further construction and usage shall cease other than for the purpose of correcting violations. If construction is not completed, the owner/contractor shall remove all new construction and restore the site to the approval of the Zoning Administrator or the Council. Failure to terminate the use for which the certificate was revoked, other than for the purpose of correcting the violation, is declared to be a nuisance per se and a violation of this chapter.
§ 360-10 Building permit and certificate of occupancy required.
A.
Building permit. No driveway or any other grading, excavation or construction shall be initiated prior to the issuance of a zoning compliance certificate and, where required by state law, the Building Inspector certifies proposed structures and buildings comply with the Village's Construction Code through the issuance of a building permit.
B.
Occupancy permit. No structure or use shall be occupied, in whole or in part, without first receiving a certificate of occupancy from the Building Inspector pursuant to the State Construction Code.
§ 360-11 Performance guarantee for compliance.
A.
Purpose. In authorizing any zoning compliance certificate for any use or building other than a single-family dwelling and accessory structures and uses thereto, the Village Council may require that a performance guarantee be furnished to ensure compliance with the requirements, specifications and conditions imposed with the granting of such certificate.
B.
Requirements of guarantee. The performance guarantee shall meet the following requirements:
(1)
Improvements covered. Improvements that shall be covered by the performance guarantee include those features and actions associated with a project which are considered necessary by the body or official granting approval to protect the natural resources or the health, safety and welfare of residents of the Village and future uses or inhabitants of the proposed project area, including roadways, lighting, utilities, sidewalks, screening and drainage. In no case shall any portion of a performance guarantee be required for improvements intended to serve the public at large versus users of the development site or for facilities or improvements that are likely to result in public ownership or responsibility.
(2)
Form. The performance guarantee shall be in the form of cash, certified check, irrevocable bank letter of credit, or surety bond, acceptable to the Village, which names the property owner as the obligor and the Village as the obligee. If appropriate, based on the type of performance guarantee submitted, the Village shall deposit the funds in an account in a financial institution with which the Village regularly conducts business.
(3)
Amount and time required. The amount of the performance guarantee shall be equal to the estimated cost of improvements for which the performance guarantee is to cover, according to a detailed cost estimate submitted by the applicant and approved by the Village Council. After approval of the cost estimate, the performance guarantee shall be submitted at the time of issuance of the certificate authorizing the approved use or construction. No performance guarantee shall be required prior to the date on which the Village is prepared to issue the compliance certificate.
C.
Return of performance guarantee. The following procedure shall be followed in the return of performance guarantees:
(1)
Request for payment. As required improvements are completed or when all of the required improvements have been completed, the obligor shall send written notice to the Zoning Administrator of completion of said improvements. Thereupon, the Zoning Administrator shall inspect all of the improvements and shall transmit a recommendation to the Village Council indicating either approval, partial approval, or rejection of the improvements or conditions with a statement of the reasons for any rejection. If partial approval is indicated, the cost of the improvement or condition rejected shall be set forth.
(2)
Approval of payment. The Village Council shall either approve, partially approve or reject the return of the performance guarantee for the improvements or conditions, after consideration of the recommendation of the Zoning Administrator's written statement, and shall notify the obligor in writing of the action of the Village Council within 45 days after receipt of the notice from the obligor of the completion of improvements. Where approval or partial approval is granted, the Village Clerk shall release the approved payment to the applicant. The portion of the performance guarantee to be returned shall be proportional to the work completed and shall be based on the itemized cost estimate for the applicable improvement or condition.
(3)
Lack of full completion. Should installation of improvements fail to meet full completion based on the approved site plan, or if the project area is reduced in size and improvements are only partially completed or conditions only partially met, the Village may complete the necessary improvements or conditions itself or by contract to an independent developer and assess all costs of completing the improvements or conditions against the performance guarantee. Any balance remaining shall be returned to the applicant.
§ 360-12 Timely action on applications.
All approvals applied for under this chapter shall be acted upon in a timely manner. However, in no case shall the matter of a timely decision undermine the intent of this chapter that all requested approvals undergo the necessary and adequate review to ensure all requirements and standards have been met and the public health, safety and welfare is preserved. The following time provisions shall apply unless specifically provided otherwise by this chapter or unique circumstances arise such as delays associated with the acquisition of county, state or federal permits, the submittal of an incomplete application, or unforeseeable practical delays in distributing applications to the necessary review bodies.
A.
Applications requiring Zoning Administrator action. A complete application for a zoning compliance certificate for a single-family dwelling or an accessory structure or use thereto shall be acted upon by the Zoning Administrator within 30 days of the submittal of a complete application.
B.
Applications requiring Village Council action. Where this chapter requires the Village Council to approve, deny or conditionally approve an application, as in the case of a site plan or special land use application or rezoning petition, the Village Council shall take action on the application within 90 days of the receipt.
C.
Applications requiring Zoning Board of Appeals action. Where the Zoning Board of Appeals is required by this chapter to act upon a request for a variance or ordinance interpretation or administrative appeal, the Zoning Board of Appeals shall take action on the application within 60 days of the receipt of a complete application.
D.
Public hearings. Where action on an application requires a public hearing, such hearing shall be held within 90 days of receipt of the complete application by the Village Clerk. See also § 360-16 regarding public hearing notices.
§ 360-13 Application fees.
A.
Application fees required. Fees for review of development proposals, rezoning requests, actions before the Zoning Board of Appeals, inspections and the issuance of permits or certificates required under this chapter shall be deposited with the Village Clerk in advance of processing any application. The amount of such fees shall be determined by the habitable square footage of the building or structure by the Village Council by resolution and may be revised from time to time. Such fees shall be limited to covering reasonable costs as standardized by the Council, costs incurred by the Village, and may include but are not limited to costs associated with conducting meetings and inspections, newspaper notices, postage, photocopying, staff time, mileage and any costs associated with reviews by qualified professionals including planners, engineers and/or attorneys.
B.
Professional review and fee. For any application for a zoning compliance certificate or variance, the reviewing body may require the payment of a professional review fee when professional input is desired before a decision is made due to the character or complexity of the proposal or concern over the potential impacts of the project. The applicant is entitled to a refund of any unused professional review fee. If actual professional review costs exceed the amount of the fee, the applicant shall pay the balance due prior to final action on such application. A professional review shall result in a report to the Village indicating the extent of conformance or nonconformance with this chapter and matters which may create a threat to public health, safety or the general welfare, and may include a recommended course of action. Mitigation measures or alterations to a proposed design may be suggested where they would serve to lessen or eliminate identified impacts. The applicant shall receive a copy of any professional review contracted for by the Village and a copy of the statement of expenses for the professional services rendered.
C.
Timeline for permits and application fees.
[Added 1-13-2017 by Ord. No. 2017-01]
(1)
All building permits are based on 1.5% of the construction cost. If a permit fee of $2,500 or less would be good for one year from the date, the permit is issued. If the project is not completed after one year, the permit holder must reapply for new permit at the cost of one percent of the original permit cost.
(2)
A permit greater than $2,500 will be good for 1 1/2 years from the date the permit is issued. If the project is not completed after 1 1/2 years, the permit holder must reapply for a new permit at the cost of one-percent of the original permit cost.
§ 360-14 Site inspections.
The Zoning Administrator and Planning Commission shall have the authority to make inspections of premises for the purposes of verifying information on an application, monitoring conformance with the regulations and standards of this chapter, and for any other purpose associated with responsibilities of the Zoning Administrator and Planning Commission granted by this chapter. The owner or his agent or representative, and the occupant or lessee of every building or other person having the care and management thereof, shall give the Zoning Administrator and Planning Commission free access thereto upon request at all reasonable times. No person shall interfere with the Zoning Administrator and Planning Commission in the discharge of their duties.
§ 360-15 Violations, penalties and fines.
[Amended 3-18-2016 by Ord. No. 2016-01]
A violation of any section of this chapter shall be punishable as a municipal civil infraction as set forth in Chapter 28, Municipal Civil Infractions, of this Code. In addition to the penalties provided by this section and Chapter 28 of this Code, the Berrien County Court shall have equitable jurisdiction to enforce any judgment, writ or order necessary to enforce any provision of this chapter, including but not limited to abatement of violating condition or the granting of injunctive relief.
§ 360-16 Public hearing notices.
A.
Hearing notice content. Unless otherwise required by the Michigan Zoning Enabling Act or this chapter, where applicable, all mail, personal and newspaper notices for public hearings shall do all of the following:
(1)
Describe the nature of the request, including whether the request is for a text amendment, Zoning Map amendment (rezoning), special land use, variance, appeal, ordinance interpretation or other purpose.
(2)
Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used, such as a tax parcel identification number. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning or when the request is for an ordinance interpretation not involving a specific property.
(3)
Indicate the date, time and place of the hearing(s).
(4)
Indicate when and where written comments will be received concerning the request.
B.
Recipients and means of notice. Unless otherwise required by the Michigan Zoning Enabling Act or this chapter, where applicable, the following shall receive notice of the hearing, which notice shall include the information specified in Subsection A above:
(1)
General public, by publication of the hearing notice in a newspaper of general circulation in the Village.
(2)
The owners of property for which approval is being considered and the applicant, if the applicant is different than the property owner, by mail or personal delivery.
(3)
All persons to whom real property is assessed within 300 feet of the boundary of the project subject to the request and to the occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located in the Village of Michiana, by mail or personal delivery. If the name of the occupant is not known, the term "occupant" may be used in making notification.
(a)
Subsection B(3) above shall not apply in the case of rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request or an appeal of an administrative decision that does not involve a specific property.
(4)
Each electric, gas and pipeline public utility company, each telecommunications service provider, each railroad operating within the district or zone affected, and the airport manager of each airport that registers its name and mailing address with the Village Clerk for the purpose of receiving the notice of public hearing, by mail, in the case of a text amendment or Zoning Map amendment.
C.
Timing of notice. Unless otherwise required by the Michigan Zoning Enabling Act or this chapter, where applicable, all mail, personal and newspaper notices for public hearings shall be made not less than 15 days before the date the request will be considered for approval, including applications for Zoning Map amendments (rezonings), text amendments, special land uses, variances, appeals and ordinance interpretations.
D.
Confirmation of notices made by mail or personal delivery. Notice shall be deemed mailed by its deposit in the United States First Class Mail, properly addressed and postage paid. The Village Clerk shall prepare a list of property owners and registrants to whom notice was mailed as well as anyone to whom personal notice was delivered.
§ 360-17 Zoning Ordinance review by owner and contractor.
Both the owner and contractor shall sign a statement that they have reviewed the Zoning Ordinance and shall abide by all of its sections before a building permit will be issued.