The township board shall appoint a building official, whose duty it shall be to administer and enforce the provisions of this chapter.

(Ord. No. 7, § 22.0, 4-18-83)

In administering and enforcing this chapter, the building official shall perform the following duties:

(1)

Provide necessary forms and application.

(2)

Issue certificates of zoning compliance upon the demonstration that the applicant's plans are found to conform with the provisions of this chapter.

(3)

The building official shall not vary, change, or grant exceptions to any terms of this chapter, or to any person making application under the requirements of this chapter.

(4)

Issue any authorized permits.

(5)

Identify and record information relative to nonconformities.

(6)

Provide assistance in zoning changes and amendments to the ordinance text or zoning map.

(7)

Maintain files of applications, permits and other relevant documents; such records are open for public inspection.

(8)

Make periodic reports of activities to the township planning commission.

(Ord. No. 7, § 22.1, 4-18-83)

The building official shall have all the powers and authority conferred by laws, statutes and ordinances to enforce the provisions of this chapter, including but not limited to, the following:

(1)

Access to any structure or premises for the purpose of performing his duties between 8:00 a.m. and 6:00 p.m., by permission of the owner or upon issuance of a special inspection warrant.

(2)

Upon reasonable cause or question as to proper compliance, he shall notify, in writing, the persons responsible for such violations, indicating the nature of the violation and ordering action to correct it. He shall order discontinuation of illegal uses of land, buildings or structures, removal of illegal work being done, issue cease desist orders requiring cessation, or taking any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions.

(Ord. No. 7, § 22.2, 4-18-83)

(a)

It shall not be necessary for a nonconforming use existing on the effective date of this chapter to obtain a certificate of zoning compliance in order to maintain its legal nonconforming status. However, no nonconforming building or structure shall be renewed, changed or extended until a certificate of zoning compliance shall have been issued by the building official. This certificate shall state specifically wherein the nonconforming building, structure or use differs from the provisions of this chapter.

(b)

A permit for erection, alteration, moving or repair of any building shall not be issued until a certificate of zoning compliance has been issued therefor. Issuance of such a certificate shall indicate that the uses and plans for which the permit is requested comply with this chapter.

(c)

It shall be unlawful to use or occupy or permit the use of occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the building official. The certificate shall state that the building, structure and lot and use thereof conform to the requirements of this chapter.

(d)

Applications for the certificate of zoning compliance shall be accompanied by scale maps or drawings showing accurately the location, size and shape of the lots involved and of any proposed structures, including the relation to abutting streets, lakes or streams, and the existing and proposed use of each structure and lot, and the number of families to be accommodated. Failure to obtain a certificate of zoning compliance shall be a violation of this chapter and punishable under division 4 of this article.

(Ord. No. 7, § 22.3, 4-18-83)

(a)

No building permit for the erection, alteration, moving or repair of any building shall be issued until a certificate of zoning compliance has been issued.

(b)

No building or other structure shall be erected, moved, added to, or structurally altered without a building permit, pursuant to the township building codes and issued by the building official.

(c)

No building permit shall be issued by the building official except in conformity with this chapter, unless he received a written order from the board of appeals in the form of an administrative review or a variance, as provided by this chapter.

(d)

Plans submitted in application for a building permit shall contain information necessary for determining conformity with this chapter, including a copy of the certificate of zoning compliance.

(Ord. No. 7, § 22.4, 4-18-83)

(a)

No building, structure or lot for which a zoning compliance permit has been issued shall be used or occupied until the building official has, after final inspection, issued a certificate of occupancy indicating compliance has been made with all provisions of this chapter. However, the issuance of a certificate of occupancy shall in no case be construed as waiving any provision of this chapter.

(b)

Buildings accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

(c)

Certificates of occupancy, as required by the building code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of compliance as required by this chapter.

(d)

A record of all certificates issued shall be kept on file in the office of the building official and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

(Ord. No. 7, § 22.5, 4-18-83)

There is created a board of appeals consisting of not less than three nor more than five members. Members shall be appointed by the township board; provided, that no elected officer of the township shall serve as chairman of the board of appeals, and that one member of such board of appeals may also be a member of the planning commission.

(Ord. No. 7, § 23.0, 4-18-83)

(a)

Of the members appointed to the first board of appeals, one shall serve a term of one year, two shall serve a term of two years, and two shall serve a term of three years. Thereafter, all members shall be appointed for a term of three years. Each member shall serve until his successor is duly appointed. Members of the board of appeals may be paid compensation in an amount determined by the township board and may be paid their expenses in the performance of official duties.

(b)

A chairman and vice-chairman shall be elected from among the members, and a secretary shall be appointed who need not be a member of the board of appeals.

(Ord. No. 7, § 23.1, 4-18-83)

Members of the board of appeals shall be removable for cause by majority vote of the township board, upon the filing of written charges with the township board. No member shall be removed prior to a public hearing, which shall be held within 30 days of filing of the written charges.

(Ord. No. 7, § 23.4, 4-18-83)

Vacancies occurring on the board of appeals shall be promptly filled by the township board and any member so appointed shall serve the balance of the preceding member's term and shall thereafter be subject to appointment in the manner hereinabove set forth.

(Ord. No. 7, § 23.5, 4-18-83)

The board of appeals shall have and exercise the following powers:

(1)

To adopt rules of procedures governing the transaction of its business.

(2)

To hear and decide appeals from and review any order, requirement, decision or determination made by any administrative official charged with enforcing the provisions of this chapter.

(3)

To order the issuance of permits for building and uses.

(4)

Non-use variance: A non-use or dimensional variance may be allowed by the board of appeals only in cases where there is reasonable evidence of practical difficulty in the official record of the hearing and ALL of the following conditions are satisfied:

a.

The granting of the variance will not impair the intent and purpose of the zoning ordinance.

b.

The granting of the variance will do substantial justice to the applicant and to the neighborhood.

c.

Application of the ordinance provisions would deprive the applicant of rights commonly enjoyed by other properties in the same district.

d.

There are unique conditions or circumstances peculiar to the applicant's land, structure or building involved which are not generally applicable to other lands, structures or buildings in the same district. Unique conditions or circumstances related to the property may include:

1.

Exceptional narrowness, shallowness or shape;

2.

Exceptional topographic conditions;

3.

Use or development of the property immediately adjoining the property in question.

e.

The granting of the variance is the minimum necessary to accommodate the unique conditions or circumstances of the applicant's land, structure or building.

f.

The unique conditions or circumstances do not result from the actions of the applicant or a prior owner.

g.

The granting of the variance will not impair public safety.

h.

There are no alternative solutions to accommodate the unique conditions or circumstances of the applicant's land, structure or building.

(Ord. No. 7, § 23.1, 4-18-83; Ord. No. 98-12, 6-15-98; Ord. No. 16-06, § 1, 6-20-16)

The applicant for a variance which in the opinion of the board of appeals may result in a material adverse effect on the environment may be requested by the board to demonstrate the nature and extent of the effects.

(Ord. No. 7, § 23.2, 4-18-83)

(a)

Appeals may be taken by any person aggrieved, or by any officer, department, board or bureau of a town, municipality, county or state. Such appeal shall be taken within 15 days by filing with the board of appeals a notice of appeal specifying the grounds thereof.

(b)

The board of appeals shall set a reasonable time for the hearing of the appeal and give due notice thereof to the appellant, to the officer from whom the appeal is taken, and to the public, and shall decide the same within 30 days of the hearing.

(c)

An appeal stays all proceedings in furtherance of the action appealed from, unless the board of appeals certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life and property.

(d)

The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from; and to that end shall have all the powers of the officer from whom the appeal was taken and may direct the issuance of a permit.

(e)

The board shall keep complete and detailed records of all its proceedings, which shall include the minutes of its meetings, its findings and actions taken on each matter heard by it, including the final order. The order shall include the legal description of the property involved. Reasons for the decision shall be stated, in writing. The board shall record the vote of each member on each question, or if absent or failing to vote, indicating such fact. All records shall be open for public inspection. Meetings shall be held at the call of the chairman and at such other times as the board of appeals may determine.

(f)

A majority vote of the members of the board of appeals shall be sufficient on any action under consideration.

(g)

All decisions by the board of appeals in granting variances or in hearing appeals shall be final, except that the aggrieved person or persons, or any department, board or commission, or the state shall have the right to appeal within 30 days after the receipt of notice of the decision, to the circuit court in the county in which the land is located on questions of law and fact.

(Ord. No. 7, § 23.3, 4-18-83; Ord. No. 17-17, § 2, 1-16-18)

The township board may, after recommendation from the planning commission, amend, supplement, or change the provisions of this ordinance or to the official zoning map. Such actions shall be consistent with the Michigan Zoning Enabling Act (P.A. 2006, as amended), and provisions of this Code.

(Ord. No. 7, § 24.0, 4-18-83; Ord. No. 15-06, § 3, 7-20-15)

(a)

Amendments may be initiated by the township board, planning commission or by the titleholder for the property subject to the proposed amendment. No fee shall be charged for amendments initiated by the township board or planning commission.

(b)

An amendment to the official zoning map (except those initiated by the township board or planning commission) shall be initiated by submission of a complete and accurate application to the township on a form provided by the township, along with the required fee established by the township. The following information shall accompany the application and fee:

(1)

A legal description and street address of the subject property.

(2)

The name and address of the owner of the subject property, and a statement of the applicant's interest in the subject property, if the applicant is not the owner in fee simple title.

(3)

The existing and proposed zoning district designation of the subject property.

(4)

A written description of how the requested amendment meets the criteria stated in this Section.

(5)

The activity to be conducted if proposed change is approved.

(6)

The dollar amount of investment, if any.

(7)

The number of people to be employed/types of jobs if approved.

(c)

Amendment review procedure. Proposed amendments to the official zoning map shall be reviewed in accordance with the following:

(1)

Technical review. Prior to planning commission consideration, the proposed amendment and application materials shall be distributed to the planning/zoning administrator for review and comment.

(2)

Public hearing. A public hearing shall be provided as follows:

a.

Notice shall be published in a newspaper of general circulation in Muskegon Charter Township not less than fifteen (15) days prior to the public hearing scheduled.

b.

Notice shall also be sent by mail to the owners of all property for which approval is being considered, to the owners of all real property within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet of the boundary of the property in question, regardless whether the property or occupant is located within the township. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four such units or spatial areas, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. This notice shall be sent not less than 15 days prior to the date of the public hearing scheduled.

c.

The notice shall contain:

i.

A description of the nature of the request to be heard.

ii.

A description of the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. If there are no street addresses, other means of identification may be used.

iii.

A statement of when and where the request will be considered.

iv.

An indication of when and where written comments will be received concerning the request.

(3)

Planning commission consideration and recommendation. The planning commission shall review the proposed amendment, together with any reports and recommendations from staff, consultants, other reviewing agencies and any public comments. The planning commission shall identify and evaluate all relevant factors, and shall report its findings and recommendation to the township board. In considering an amendment to the official zoning map (rezoning), the planning commission shall consider the following factors in making its findings and recommendations:

a.

Consistency with the master plan. Consistency with the master plan's goals, policies, and future land use map. If conditions have changed since the master plan was adopted, the consistency with recent development trends in the area shall be considered.

b.

Environmental features. Compatibility of all the potential uses allowed in the proposed zoning district(s) with the site's physical, geological, hydrological, and other environmental features.

c.

Suitability with the law. Compatibility of all the potential uses allowed in the proposed district(s) with surrounding uses and zoning in terms of suitability, intensity, traffic impacts, aesthetics, infrastructure and potential influence on property values.

d.

Capacity of public services and utilities. Capacity of available utilities and public services to accommodate all the potential uses permitted in the proposed zoning district(s) without compromising the health, safety, and welfare of township residents or burdening the township with unplanned capital improvement costs or other unplanned public expenses.

e.

Capability of road system. Capability of the road system to safely and efficiently accommodate the expected traffic generated by all the potential uses permitted in the proposed zoning district.

f.

Demand for uses. The apparent demand for the types of uses permitted in the proposed zoning district(s) in relation to the amount of land currently zoned and available in the Township and surrounding communities to accommodate the demand.

g.

Scale of future development. The boundaries of the proposed district(s) in relationship to the surrounding area and the scale of future development on the site.

h.

Other factors. Whether all of the potential uses in the proposed zoning district(s) are equally or better suited to the area than the current uses allowed.

(4)

Township board action. The planning/zoning administrator shall forward a copy of the proposed amendment and report and recommendation from the planning commission to the township board for consideration and final action.

a.

The township board may adopt or reject the proposed amendment, or may refer the amendment back to the planning commission for revision or further consideration.

b.

If the township board requests revisions to the proposed amendment, the amendment and requested revisions may be referred back to the planning commission for further consideration.

(d)

Re-application. Whenever an application for an amendment to this ordinance has been rejected by the township board, a new application for the same amendment shall not be accepted by the township for a period of 365 calendar days from the date of application unless the planning/zoning administrator determines that one or more of the following conditions has been met:

(1)

There is a substantial change in circumstances relevant to the issues or facts considered during review of the application.

(2)

New or additional information is available that was not available at the time of the review.

(3)

The new application is materially different from the prior application.

(Ord. No. 7, § 24.1, 4-18-83; Ord. No. 15-06, § 4, 7-20-15)

Amendments hereunder shall become effective after passage and publication by the township board.

(Ord. No. 7, § 24.2, 4-18-83; Ord. No. 15-06, § 5, 7-20-15)

The township recognizes that in certain instances, it may be advantageous to the township and to property owners to review amendments to the zoning map subject to certain conditions. Accordingly, it is the intent of this section to implement the provisions of Michigan Zoning Enabling Act (Public Act 110 of 2006, as amended), authorizing an owner to voluntarily offer and a township to approve, certain use and development of land as a condition to the rezoning of such land ("conditional rezoning"). it is the intent of the township that a petition for conditional rezoning be considered only in the event that the conditions offered by the petitioner are voluntary, and are adequate, in the opinion of the township, to address any potentially negative effects of the rezoning on the health, safety, general welfare, and comfort of the residents of the surrounding property, neighborhood and township.

Definitions. For purposes of this section, these terms shall be defined as follows:

(a)

Conditional rezoning petition (offer). A written offer with specific terms and conditions, voluntarily submitted by the property owner, for certain use and development, as a condition to a rezoning of land or an amendment to the official zoning map.

(b)

Conditional rezoning plan. A plan for re-zoning of a property, subject to certain conditions proposed by the property owner, including legal descriptions, drawings and narrative descriptions of the proposed development, and a timetable, as set forth below.

Eligibility. The following conditions of eligibility shall apply to a petition for conditional rezoning:

(a)

A petition (offer) may be submitted only by the titleholder of the land proposed for rezoning or a potential owner contingent on approval of the rezoning. A potential owner must provide documentation such as a purchase agreement signed by both parties. The applicant shall attest to his authority to subject the land to the conditions offered, by execution and recordation of such conditions, covenants, and restrictions as may be required to legally and permanently bind the owner, its heirs, assigns, and successors in interest.

(b)

A petition (offer) may be considered for land in any zoning district, for rezoning to any other zoning district, provided such rezoning shall meet or exceed the minimum standards set forth below.

(c)

A petition (offer) shall propose a rezoning of the land to a new zoning classification, and shall, as part of such proposal, include certain voluntary site-specific development and/or use conditions materially restricting the development and/or uses otherwise allowable under the proposed new zoning classification. The petition shall not propose any development and/or use not otherwise allowable under the proposed new zoning classification.

(d)

A conditional rezoning plan shall be considered by the township board only in conjunction with approval, on recommendation of the planning commission, of a corresponding conditional rezoning petition and subject to such site plan, special land use, plat, and/or condominium approvals as may be required.

Minimum standards. A petition shall be considered for approval only when it is determined by the township, in its sole discretion, that the conditional rezoning meets or exceeds the following minimum standards:

(a)

The proposed rezoning will benefit the public interest, such that the expected benefits of the rezoning, subject to the conditions offered, clearly outweigh any reasonably foreseeable detriment.

(b)

The proposed rezoning shall include conditions sufficient to assure the integration of the proposed development and use with the surrounding land uses and to protect the public health, safety, and welfare.

(c)

The specific uses proposed in conjunction with the rezoning do not adversely affect the public utility or traffic systems, drainage or the environment.

Permitted conditions and limitations. The following conditions of use and/or development of the land proposed for rezoning may be included in the petition for conditional rezoning, provided such conditions are voluntarily proposed by the petitioner; are in response to, and roughly proportionate to, the impacts of the proposed development and use of the property; and otherwise satisfy the conditions and standards set forth above:

(a)

Conditions detailing the permitted uses of the development.

(b)

Conditions on the location, size, height, or other physical characteristics of any structures or improvements proposed for development on the land.

(c)

Conditions limiting the density of development or the intensity of the use, including but not limited to the specific types of uses and hours of operation, of the land proposed for rezoning.

(d)

Conditions related to drainage, water and sewer capacity and quality, and adequacy and effect on other public utilities in the area.

(e)

Conditions related to traffic volume, flow, and management affected by the proposed development and use.

(f)

Conditions related to the preservation of natural features, resources, open space, and buffers located on, or impacted by development of the land proposed for rezoning, including provisions to assure permanent maintenance of the same.

(g)

Such other conditions as may be deemed important to the development and to the protection of public interests.

Conditional rezoning petition and review process. Subject to the criteria for eligibility and standards set forth above, a Petition may, at the sole election of the petitioner, voluntarily offer any conditions and/or limitations on the development and/or use of the land proposed for rezoning, as set forth above. Such petition shall be entitled a petition for conditional rezoning, and shall be subject to the review procedures, requirements, and approvals set forth herein.

(a)

Petition requirements. The petition for conditional rezoning shall contain or be accompanied by:

(1)

If changes to the property site are part of the conditional rezoning petition, a site plan for development and use drafted by an architect or engineer, which plan shall include drawings and descriptions in sufficient detail for the planning commission to identify areas of potential concern in the proposed development and use of the land and to preliminarily evaluate the adequacy of the proposed conditions to address those concerns. The conditional rezoning petition shall not replace the requirement for site plan, special land use, subdivision, or condominium approval as applicable, but shall, generally, contain those provisions required by article VIII of this chapter.

(2)

A narrative description of the proposed development and use, and all proposed conditions and limitations thereon.

(3)

A narrative analysis of the anticipated impact of the proposed development and use on the community, as well as the relationship of proposed conditions and limitations to these anticipated impacts. Such analysis shall include a review of surrounding zoning classifications, adequacy of existing and proposed infrastructure, utilities, and services, traffic volume and flow, access management, air quality, noise levels, and other related factors affecting the health, safety and welfare of the community.

(4)

A proposed timetable for completion of the development.

(5)

A legal description of the land to which it pertains.

(b)

Fees. The petition shall also be accompanied by the fees set forth in the Muskegon Township Fee Schedule, which fees shall be sufficient to defray the costs of the review of the petition by the planning commission, and the expenses incurred by the township for consultant review, drafting, publication, hearings, recordation, and other related expenses.

(c)

Preliminary conference. On receipt of a petition that meets the requirements of this ordinance, the planning/zoning administrator shall schedule a preliminary conference with the petitioner and the township supervisor to determine the eligibility of the petition and the validity of the conditions for rezoning.

(d)

Optional preliminary review. Following a determination of eligibility, the petition may be forwarded for preliminary review by the planning commission. If requested by the petitioner, the planning commission shall review the petition and informally address any concerns relative to the development or use proposed in the petition. No opinion expressed by the planning commission shall be construed as an approval, or guarantee of approval, of the rezoning.

(e)

Formal planning commission review. Upon completion of the preliminary conference and optional preliminary review, if elected, a petition meeting the petition and eligibility requirements shall be submitted to the planning commission for formal consideration pursuant to this ordinance. Following notice and a hearing in accordance with M.C.L. § 125.3103 et. seq., the planning commission shall complete its review of the petition, and shall report its findings of fact along with its recommendations to the township board.

(f)

Township board review. Upon receipt of the planning commission's recommendations to the township board, the petition for rezoning shall be scheduled for consideration by the township board. Based on the findings of fact reported by the planning commission, the township board may, in its sole discretion, and based upon the standards set forth in herein, approve or deny the petition. The township board shall state its decision along with the basis for the decision on the record.

(g)

Implementation and enforcement. Following approval of a conditional rezoning by the township board, the township shall implement and enforce the rezoning pursuant to the terms of the zoning ordinance, and shall also provide notice and monitor compliance as follows:

(1)

Zoning map. The zoning map shall be amended to indicate the new zoning, along with a notation that the zoning is "conditional." The new zoning classification shall govern development and use of the land, subject to all terms and conditions contained in the approved petition.

(2)

Enforcement. The planning/zoning administrator shall review all development and use of the property for compliance with the new zoning classification, subject to the terms and conditions of the approved petition. Any development or use of the land in violation of the terms and conditions of the approved petition, or of the new zoning classification, shall, in the sole discretion of the township board, result in reversion to the zoning classification applicable just prior to the conditional rezoning. Reversion shall be accomplished in accordance with section 58-431, except that the findings of fact necessary to support reversion shall be limited to those evidencing a breach of the approved petition. Upon rezoning following a breach of the approved petition, the property shall be returned to a state of compliance with the zoning classification and ordinance provisions then applicable.

(Ord. No. 7, § 24.3, 4-18-83; Ord. No. 15-06, § 6, 7-20-15)

Editor's note— Ord. No. 15-06, § 7, adopted July 20, 2015, repealed § 58-435, which pertained to hearing and derived from Ord. No. 7, § 24.4, adopted April 18, 1983.

Uses of land, and dwellings, buildings or structures including tents and mobile homes used, erected, altered, razed or converted in violation of this chapter are a nuisance per se.

(Ord. No. 7, § 25.1, 4-18-83)

Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint with the building official stating fully the causes and basis thereof. The building official shall maintain a record of such complaints and shall take appropriate action pursuant to the provisions of this chapter.

(Ord. No. 7, § 25.2, 4-18-83)

Any unauthorized change in the official zoning map shall be considered a violation of the provisions of this chapter.

(Ord. No. 7, § 25.3, 4-18-83)

No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with the provisions of this chapter.

(Ord. No. 7, § 25.4, 4-18-83)

In addition to all other remedies, the township board may institute appropriate action or proceedings to prevent, restrain, correct or abate violations or threatened violations and it is the duty of the township attorney to institute such action.

(Ord. No. 7, § 25.5, 4-18-83)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any other provision of this chapter shall be guilty of a civil infraction punishable by a fine as described in the civil infraction ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. No. 7, § 25.6, 4-18-83; Ord. No. 7, 5-6-91; Ord. No. 12-04, § 2, 3-19-12)