The provisions of this Ordinance shall be administered and enforced by the City Council, Planning Commission, Zoning Board of Appeals, Zoning Administrator, and deputies of same.

A.

The Zoning Administrator shall carry out the duty of administering this ordinance and the power necessary for such administration.

B.

If the Zoning Administrator shall find that any of the provisions of this Ordinance are being violated, he/she shall notify the person responsible in writing of such violations, indicating the nature of the violation and ordering the action necessary to correct it.

C.

The Zoning Administrator shall order discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings or structures; discontinuance of any illegal work being done, or shall take any action authorized by this Ordinance to ensure compliance with, or to prevent violation of, its provisions. The Zoning Administrator shall be responsible for making periodic inspections of the City, or parts thereof, for the purpose of finding violations of this Ordinance.

D.

The Zoning Administrator shall issue a certificate and/or a permit when all applicable regulations of this Ordinance are complied with by the applicant, even though violations of contracts, such as covenants or private agreements, may occur upon issuance of such certificate or permit.

The primary responsibility of the Zoning Administrator is to administer the Ordinance. There is no authority to deviate from the Ordinance, or to modify its requirements. In general, the principal duties of the Zoning Administrator are comprised of, but not limited to, the following:

A.

Assist citizens in determining what zoning forms and procedures apply to propose zoning requests and land use changes.

B.

Assist citizens in the completion of required permit application forms.

C.

Review and investigate permit applications to determine compliance with provisions of the zoning Ordinance.

D.

Issue the appropriate permit when all provisions of the Ordinance have been complied with. If the proposed use is not in compliance with the Ordinance, the applicant is notified and assisted with an appropriate alternative zoning procedure when possible, or with appeal procedure if applicant so chooses.

E.

Perform inspection duties to ensure proposed land use changes are and will remain in compliance with the Ordinance.

F.

Identify, monitor and control nonconforming uses.

G.

Investigate alleged violations of the Ordinance and enforce corrective measures when required.

H.

Keep the zoning map, text and office records up to date by recording all amendments, and retaining a copy of pertinent official documents.

I.

Periodically report to the Planning Commission and City Council on status of municipal operations.

J.

Propose solutions to any problems encountered in administering the zoning ordinance.

K.

Establish and administer rules of procedure within the office.

L.

Provide information on zoning to citizens and public agencies.

M.

Perform other duties as specified by local ordinance.

N.

Help develop and conduct in conjunction with the Planning Commission, a continuing program of public education on zoning matters.

O.

Accept, review, and process all applications for zoning approvals.

Except as may be provided for otherwise in this Ordinance, the City Council shall, by resolution, determine and set fees to be charged for all permits and certificates and official action required, such as appeals, insofar as this Ordinance provides for changes to be made in each instance. These fees shall be collected by the appropriate official prior to issuance of any permit or certificate. No permit is valid until the proper fee has been paid. There shall be no charge for renewal or extension of permits.

Except as provided for elsewhere in this Section, no dwelling or building shall be erected, demolished, altered, enlarged, or moved upon or from any land subject to the provisions of this Ordinance, nor any new principal use created, unless and until a building permit, therefore, shall have been properly applied for and issued by the Building Inspector.

No dwelling or building, subject to provisions of this Ordinance, shall be occupied or used until the Zoning Administrator has approved the issuance of a Certificate of Occupancy to the owner or applicant who made application for the building permit. At least ten (10) days prior to being ready for use or occupancy, the owner or applicant shall notify the Zoning Administrator who shall, within five (5) days, be assured that the building is in proper conformity and, if so, issue a Certificate of Occupancy. If an application for a certificate of occupancy is disapproved for cause, the owner or applicant shall be so notified in writing.

The City Council is authorized and empowered to cause this Ordinance to be amended, supplemented or changed, pursuant to the authority and according to the procedure set forth in Act 207 of the Michigan Public Acts of 1921, as amended. Proposals for amendments may be initiated by the City Council, the Planning Commission, the Zoning Administrator and by petition of one or more owners of property in the City of Newaygo affected by such proposed amendment.

The procedure for amending this Ordinance shall be as follows:

A.

Each petition shall be submitted to the Zoning Administrator, accompanied by a fee as established by City Council, and then referred to the City Clerk to set a hearing date.

B.

The Planning Commission shall conduct a public hearing, notice of which shall be published at least once in a local newspaper of general circulation not less than fifteen (15) days prior to the hearing.

C.

Notice of the Public hearing shall be given by mail to property owners within three hundred (300) feet of any property proposed to be rezoned and to each public utility company or railroad that registers its name and mailing address with the City Clerk for the purpose of receiving the notice.

D.

Following of the Public hearing, the Planning Commission shall make a recommendation to the City Council to approve, deny, or approve with conditions the subject request, stating the reasons for its action.

E.

The City Council shall consider the amendment request, the Planning Commission's recommendation, and all comments made at the public hearing, and shall make a decision to approve, deny, or approve with conditions the subject request, stating the reasons for its action.

F.

No petition for an amendment to this Ordinance, which has been denied by the City Council, shall be resubmitted for a period of one (1) year from the date of such denial, except as may be permitted after learning of new and significant facts or conditions which might result in a favorable action upon resubmittal.

An application for a building permit shall be accompanied by an approved site plan, as required in Chapter 22 of this Ordinance, unless a site plan is not required.

In order to ensure compliance with an approved site plan, the City may require of the applicant a surety bond, cash bond, cash deposit, certified check or an approved bank letter of credit for the estimated cost of incomplete improvements in an amount specified by the Zoning Administrator.

To ensure faithful completion of the improvements, the performance guarantee shall be deposited with the City Treasurer at the time of application for a certificate of occupancy. The City shall return the performance guarantee on deposit upon verification by the Building Inspector that all work and improvements have been satisfactorily completed.

The return of the performance guarantee does not relieve the applicant from satisfying all applicable maintenance warranties and/or guarantees necessary to ensure the proper function of said projects.

As used in this Section, "improvements" mean those features and actions associated with a project which are considered necessary by the Planning Commission to protect natural resources or the health, safety, and welfare of the residents of the City and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, landscaping, and surface drainage.

Following adoption of an amendment to this Ordinance by the City Council, one (1) notice of adoption shall be published in a newspaper of general circulation in the City within fifteen (15) days after adoption.

The Planning Commission is a board of the City Council. It acts as both a recommending board to the Council on planning and zoning matters as well as the major planning and zoning authority for the City.

The statutory authority (Section 4(2) of P.A. 207 of 1921, as amended and Section 12 of P.A. 285 of 1931, as amended) and requirements of the Planning Commission in terms of zoning administration is summarized below:

A.

The Planning Commission may prepare and adopt a Master Plan (if the City Council waives its rights first) to guide development in the City. A Zoning Plan is typically one element of the Master Plan.

B.

The Planning Commission prepares the original Zoning Ordinance including both text and map showing proposed zoning district boundaries. After a public hearing on the ordinance, the Planning Commission transmits it and a summary of the public hearing comments to the City Council for adoption.

C.

The Planning Commission also advises the City Council concerning future amendments, changes, additions or departures from the Ordinance.

D.

The Planning Commission, if so specified in the Ordinance, reviews proposed site plans, special land use requests and planned unit developments for compliance with standards stated in the Ordinance and in accord with procedures contained in both the Ordinance and the City or Village Zoning Act.

E.

Once a Zoning Ordinance is adopted by a City Council, the Planning Commission typically has both advisory and administrative responsibilities. It advises the legislative body on amendments to the Ordinance text or zoning map. It also assists in those aspects of Ordinance administration specified by the Ordinance itself. These responsibilities often include review and approval of proposed site plans, special land uses and planned unit developments.

The Zoning Ordinance previously adopted by the City and all amendments thereto, are hereby repealed. The repeal of the Ordinance and its amendments does not affect or impair any act done, offense committed or right accruing, accrued, or acquired or liability, penalty, forfeiture, or punishment incurred prior to the time enforced, prosecuted or inflicted.

In the interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience and general welfare. It is not intended by this Ordinance to repeal, abrogate, annul, or in any way impair or interfere with any existing provisions of law or ordinance other than the above described Zoning Ordinance, or with any rules, regulations, or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this Ordinance imposes a greater restriction than is required by existing ordinance or by rules, regulations, or permits, the provisions of this Ordinance shall control. Nothing in this Ordinance shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and, they are hereby declared to be subject to subsequent amendment, change or modifications as may be necessary to the preservation or protection of public health, safety, and welfare.

A "violation" includes any act which is prohibited or made or declared to be unlawful or an offense by a portion of this Ordinance and any omission or failure to act where the act is required by a portion of this Ordinance.

The civil fine for a municipal civil infraction violation shall be not less than $100.00, plus costs and other sanctions, for each infraction.

Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this Ordinance. As used in this section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement of this Ordinance (i) committed by a person within any 12-month period (unless some other period is specifically provided by a portion of this Ordinance) and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense shall be as follows:

1.

The fine for any offense which is a first repeat offense shall be not less than $200.00, plus costs.

2.

The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $300.00, plus costs.

Any structure or building which is erected, used, repaired, altered, created, expanded, moved or converted, or any use of land or any activity which is in violation of or not in compliance with this Ordinance shall be deemed to be a violation of this Ordinance and is also declared to be a nuisance per se.

Any and all remedies available to the City for violation of this Ordinance, as well any and all penalties imposed, shall be deemed to be cumulative and the election by the City of one remedy or proceeding shall not negate the ability of the City to pursue other remedies and/or proceedings.

Except where expressly stated otherwise in this Ordinance, the procedures and persons authorized to issue municipal civil infraction tickets and related matters specified for municipal civil infraction violations are governed by Sec. 1-7 of the Newaygo City Code.

Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this Ordinance and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

The owner/tenant of any building, structure, land or part thereof or if any condition exists in violation of this Ordinance or is created and who has assisted knowingly in the commission of such violation shall also be responsible for a violation of this Ordinance and subject to the full civil infraction penalties specified in Section 24.16 hereof. Furthermore, anyone who aids and abets another in any violation of this Ordinance shall also be responsible for such violation and shall be subject to the penalties contained in Section 24.16 of this Ordinance. A separate offense shall be deemed committed upon each day during which or when a violation occurs.

The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

This Ordinance and the various articles, sections, paragraphs, and clauses thereof, are hereby declared to be severable. If any article, section, paragraph, or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the Ordinances shall not be affected thereby.

The City Council or its duly authorized representative is hereby charged with the duty of enforcing this Ordinance and said Council is hereby empowered, in the name of the City of Newaygo to commence and pursue any and all necessary and appropriate actions and/or proceedings in the Circuit Court of Newaygo County Michigan, or any other Court having jurisdiction, to restrain and/or prevent any non-compliance with or violation of any of the provisions of this Ordinance, and to correct, remedy, and/or abate such non-compliance or violation. And it is further provided that any person aggrieved or adversely affected by such non-compliance or violation may institute suit and/or join the City Council in such suit to abate the same.

The provisions of this Ordinance are hereby declared to be immediately necessary for the preservation of the public peace, health, safety, and welfare of the people and are hereby ordered to become effective immediately upon the date of publication of the notice as required by law.