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Middleville City Zoning Code

ARTICLE XII

ZONING CODE ADMINISTRATION AND PERMIT ENFORCEMENT14


Footnotes:
--- (14) ---

Cross reference— Administration, ch. 2.


Sec. 78-831.- Zoning administration.

The provisions of this chapter shall be administered and enforced by the zoning administrator and shall be enforced by the village council or its designee.

Sec. 78-832. - Duties of the zoning administrator and building inspector.

(a)

Zoning administrator.

(1)

It is hereby provided that the provisions of this section shall be administered and enforced by the zoning administrator and designees of the same. The zoning administrator shall, among other duties, interpret this chapter, and issue all permits and notice of violations, except building permits, provided for in this chapter.

(2)

Any use, use of land, activity, structure, or development activity not expressly allowed by this chapter is prohibited. An individual may apply to the planning commission for consideration of an amendment to this chapter to include a proposed use in one or more of the zoning districts of this chapter, either as a permitted use or a special land use in accordance with the provisions of sections 78-541 through 78-547. At their option and discretion, the planning commission and village council may consider an amendment to this chapter, but are not required to do so.

(b)

Building inspector. The building inspector serving the village shall be responsible to issue permits for the erection or structural alteration of any building or sign as well as the issuance of an occupancy permit for any building or land. The building inspector shall not issue a permit where the proposed erection, structural alteration or use thereof would be in violation of any of the provisions of this chapter except under written order of the board or the council.

(1)

Violations. The building inspector shall investigate any alleged violation of this chapter under their responsibility whether by complaint or arising from their own personal knowledge. If a violation is found to exist, notice shall be served upon the owner to cease the violation. If the owner fails to act diligently to correct the violation after 14 days of notification, the building inspector shall serve notice upon the owner, notify the council, and prosecute a complaint to terminate the violation.

(Ord. No. 2086, § 36, 7-12-2016)

Sec. 78-833. - Required permits.

(a)

A building or structure shall be erected, moved, placed, reconstructed, extended, enlarged or altered only as provided and a zoning compliance permit issued therefor, under the terms of this chapter.

(b)

Prior to the issuance of a building permit, any building activity that requires such building permit shall require the issuance of a zoning compliance permit by the zoning administrator. Such zoning compliance permit shall state the name and address of the owner, the lot number, plat number, location of the proposed building activity, type of building or structure that is proposed, and the legal description of the affected property. This permit shall also be accompanied by a drawing and such plans and specifications as the zoning administrator shall consider to be necessary in order to determine that the requirements of this chapter and of any other applicable laws or ordinances will be complied with. In addition, zoning compliance permits are required for all accessory buildings and agricultural buildings, regardless of whether a building permit is required.

(c)

No building or structure which is erected, moved, placed, reconstructed, extended, enlarged or altered shall be used in whole or in part until the owner thereof shall have been issued a certificate of use and occupancy as provided by the terms of the current building code of the county. No such certificate of use and occupancy shall be issued unless all of the provisions of this chapter and other applicable codes have been complied with by the owner of the building or structure as to which such certificate is sought.

Sec. 78-834. - Expiration of building permits.

A permit for a single-family dwelling for which all construction work has not been completed within one year from the date of its issuance shall expire automatically. A permit for any other building or structure for which all construction work has not been completed within one year from the date of issuance shall expire automatically. A permit expiring automatically pursuant to this section shall, upon reapplication, be renewable one time for additional term of one year upon payment of an additional fee equal to one-half of the then-current permit fee. Buildings or structures that require Planning Commission approval may be granted an extension of zoning compliance greater than one year and, in the Planning Commission's discretion, may be automatically renewed until final occupancy has been granted.

(Ord. No. 2110, § 7, 9-24-2019)

Sec. 78-835. - Cancellation of permits.

The zoning administrator shall have the power to revoke and cancel any permit in the event of failure or neglect to comply with all of the terms and provisions of this chapter or in the event of any false statement or misrepresentation in the application for the permit. Notice of such cancellation and revocation shall be securely posted on the construction site. Such posting shall be service of notice upon the permit holder as to the cancellation and revocation of the permit.

Sec. 78-836. - Fees.

Petitions filed pursuant to the provisions of this chapter for the rezoning of lands or for other purposes shall be accompanied by the payment of such fee as may be established by the village council for such purpose.

Sec. 78-837. - Special land uses.

The provisions and requirements of this article shall be met for all special land uses.