New Buffalo Township
City Zoning Code
City Zoning Code
ARTICLE 10
Administration, Enforcement and Violations
§ 455-10.1 Zoning Administrator.
Except where herein otherwise stated, the provisions of this chapter shall be administered by the Zoning Administrator, or such other official or officials as may be designated by the Township Board. The Zoning Administrator shall have the power to:
Receive applications for zoning permits and issue or deny same.
Perform preapplication conferences, completeness reviews, and technical reviews for all applications that include a site plan review.
Ensure zoning compliance.
Make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this chapter.
Issue and serve notices to appear and citations on any person with respect to any violation of this chapter where there is reasonable cause to believe that the person has committed such an offense.
Perform such other functions necessary and proper to enforce and administer the provisions of this chapter.
§ 455-10.2 Building Official.
A Building Official shall be appointed by and on such terms as shall be determined by the Township Board. The duties of the Building Official may be delegated by the Township Board to another employee of the Township or a consultant approved by the Township Board. The duties of the Building Official shall be to:
Inspect buildings or structures in order to determine compliance with the state Building Code.
§ 455-10.3 Planning Commission.
The Planning Commission serves a dual role as the planning advisory board and the zoning advisory board of the Township. A member must disqualify himself or herself if the member has a conflict of interest.
Planning duties. The Planning Commission shall have the following prescribed local planning activities and responsibilities in addition to those set forth in the Planning Enabling Act and Zoning Enabling Act:[1]
Preparation and adoption of the Master Plan;
Monitor and oversee the effectiveness and status of the Master Plan and recommend such changes in the Master Plan as may from time to time be required;
Review proposed land development regulations, or amendments thereto, and make recommendations to the Township Board as to consistency of the proposal with the adopted Master Plan; and
Perform any other functions, duties, and responsibilities which may be assigned to it by the Township Board or by a general or special ordinance.
[1]
Editor's Note: See MCLA § 125.3801 et seq. and § 125.3101 et seq., respectively.
Zoning and development review duties. The Planning Commission shall have the following prescribed duties and responsibilities:
Initiate studies and prepare recommendations for changes or amendments relating to the boundaries for the various zoning districts or the regulations applicable thereto, to the Township Board;
Conduct site plan reviews;
Make recommendations to the Township Board regarding the following types of development:
§ 455-10.4 Township Board.
The duties of the Township Board, in connection with this chapter, shall include, along with any other duties set forth by law:
Consideration and the adoption or rejection of proposed amendments, approval of planned unit developments and plats, and the repeal of this chapter or provisions contained herein, as provided by law.
Approving the appointment of members of the Planning Commission, Zoning Board of Appeals, and the Zoning Administrator and prescribing the duties of such Commission, Board, and Administrator, as provided by law.
The establishment of fees and charges to administer and enforce the Zoning Ordinance.
Final approval of a Master Plan once submitted by the Planning Commission.
§ 455-10.5 Fees.
The fees for applications, permits, and other requests shall be established by the Township Board by resolution. Fees must be paid before any review of an application is performed or a permit is issued.
§ 455-10.6 Performance guarantees.
As a condition of approval of a private street, site plan review, special land use, or planned unit development, the Planning Commission or Township Board, whichever is designated as the approving authority, may require a financial guarantee of sufficient sum to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development. Such features or components, hereafter referred to as "improvements," may include, but shall not be limited to, roadways, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.
Performance guarantees shall be processed in the following manner:
Prior to the issuance of a certificate of occupancy, the applicant shall submit an itemized estimate of the cost of the required improvements which are subject to the performance guarantee, which shall then be reviewed by the Zoning Administrator. The amount of the performance guarantee shall be 100% of the cost of purchasing materials and installing the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies.
The required performance guarantee may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the Township.
Upon receipt of the required performance guarantee, the Building Official shall issue a building permit for the subject development or activity, provided it is in compliance with all other applicable provisions of this chapter and other applicable ordinances of the Township.
The Zoning Administrator, upon the written request of the obligor, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvements.
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 approve, partially approve, or reject the improvements with a statement of the reasons for any rejections. If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.
A record of authorized performance guarantees shall be maintained by the Zoning Administrator.
§ 455-10.7 Public hearings.
The body charged with conducting a public hearing required by this chapter shall, upon receipt of a completed application, select a reasonable time and place for such hearing. Such hearings shall be held in accordance with the Michigan Zoning Enabling Act, Michigan Public Act 110 of 2006, as amended,[1] and the following:
Public notice.
Notice of the public hearing shall be:
Posted by the Township Clerk at Township Hall not less than 15 days before the date of the public hearing;
Published in a newspaper of general circulation in the Township not less than 15 days before the date of the public hearing; and
Sent by mail or personal delivery not less than 15 days before the date of the public hearing to:
The applicant, owner(s) of property for which approval is being considered, all persons to whom real property is assessed within 300 feet of the boundary of the property in question.
All occupants of structures within 300 feet of the boundary of the property in question. 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 one occupant of each unit or spatial area shall receive notice if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner, who shall post the notice at the primary entrance to the structure.
The notice shall do all of the following:
Describe the nature of the request.
Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the 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.
State when and where the request will be considered.
Indicate when and where written comments will be received concerning the request.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
§ 455-10.8 Zoning permits.
General. No person shall erect, alter, move, or demolish a structure or to establish a new use or change in use for any parcel, without a zoning permit. The Zoning Administrator shall issue a zoning permit if the proposed structure or use complies with the provisions of this chapter. The applicant shall furnish permits or approvals from the Berrien County Health Department, Berrien County Road Department, EGLE, the Michigan Department of Transportation, and the Michigan Department of Natural Resources, if required, before the Zoning Administrator may issue a permit. A copy of each zoning permit will be retained by the Zoning Administrator as a part of the permanent records of the Township. The Zoning Administrator shall promptly inform the applicant of the denial of a zoning permit if the proposed structure or use does not comply with the provisions of this chapter. Issuance of a zoning permit, or approval of a site plan for a permitted use or special land use permit, does not waive the requirements to comply with all applicable local, state, and federal codes and statutes, including but not limited to the State Construction Code, Electrical Code, Property Maintenance Code, Mechanical Code, and Fire Prevention Code.
Application.
Zoning compliance review. No existing use of land shall be changed to a different use classification unless a zoning permit is first obtained for the new or different use.
Building permits. No building, structure, or commercial sign shall be erected, altered, moved, or substantially repaired, demolished or excavation begun unless a building permit shall have been first issued for such work as specified under the Township's Building Code, as amended.[1]
Certificate of occupancy.
No existing use of land shall be changed to a different class of use unless a certificate of occupancy is first obtained for the new or different use.
No building or structure which is hereafter erected or altered shall be occupied or used unless and until a certificate of occupancy shall have been issued for such building or structure by the Building Official.
Voiding permit. Any permit granted under this section shall become null and void after one year from the date of granting such permit unless the development proposed shall have passed its first construction code inspection. The applicant shall have the option of extending the permit by a maximum of one year upon written notice to the Zoning Administrator. Said notice shall be filed no later than five working days following the expiration of the permit. If a zoning permit expires, the applicant will have to reapply as a new application.
Inspection. The developer of the property is solely responsible for meeting the conditions and terms of the zoning permit and this chapter, subject to inspection for compliance by the Zoning Administrator.
§ 455-10.9 Violations and penalties.
Penalties. Any person who shall violate any provision of this chapter in any particular, or who fails to comply with any of the regulatory measures or conditions of the Zoning Board of Appeals adopted pursuant hereto, shall, upon conviction thereof, be fined not to exceed $200, and each day such violation continues shall be deemed a separate offense equal to the civil infraction penalty and fine established by the Township Board.
Nuisance per se. Any land, dwellings, buildings, or structures, including tents and trailer coaches, which are used, erected, altered, razed, or converted in violation of this chapter or in violation of any regulations, conditions, permits, or other rights pursuant to this chapter are hereby declared to be a nuisance per se and subject to penalty per this section.
Municipal civil infraction. Any person, partnership, corporation, or association who creates or maintains a nuisance per se as defined above, or who violates or fails to comply with any provision of this chapter or any permit issued pursuant to this chapter, shall be responsible for a municipal civil infraction. Every day that such violation continues shall constitute a separate and distinct offense under the provisions of this chapter. Nothing in this section shall exempt the offender from compliance with the provisions of this chapter.
Zoning Administrator. The Zoning Administrator or assignee is hereby designated as the authorized Township official to issue municipal civil infraction citations directing alleged violators of this chapter to appear in court.
Nuisance abatement. In addition to enforcing this chapter as a municipal civil infraction, the Township may initiate proceedings in the Circuit Court to abate or eliminate the nuisance per se or any other violation of this chapter. Any failure or omission to enforce the provisions of this chapter, and failure or omission to prosecute any violations of this chapter, shall not constitute a waiver of any rights and remedies provided by this chapter or by law, and shall not constitute a waiver or nor prevent any further prosecution of violations of this chapter.
Stop-work order. If construction is being undertaken contrary to a building permit, this chapter or other applicable laws or ordinances, the Zoning Administrator or Building Inspector shall give written notice to the holder of the building permit, or if a permit has not been issued then to the person doing the construction, notifying them of the violation and to appear and show cause why the construction should not be stopped. If the person doing the construction is not known, or cannot be located with reasonable effort, the notice may be delivered to the person in charge of, or apparently in charge of, the construction. If the holder of the permit or the person doing construction fails to appear and show good cause within one full working day after notice is delivered, the Zoning Administrator or Building Inspector shall cause a written order to stop construction to be posted on the premises. A person shall not continue, or cause or allow to be continued, construction in violation of a stop construction order, except with the permission of the Zoning Administrator or Building Inspector to abate the dangerous condition or remove the violation, or by court order. If an order to stop construction is not obeyed, the Zoning Administrator or Building Inspector may apply to the Berrien County Circuit Court for an order enjoining the violation of the stop construction order. This remedy is in addition to, and not in limitation of, any other remedy provided by law or ordinance, and does not prevent criminal prosecution for failure to obey the order.