The office of zoning administrator is hereby created. The zoning administrator shall be hired by the township board.

(Ord. of 7-22-2013, § 67.01)

The zoning administrator, or their designee shall have the following duties and powers:

(1)

They may administer this section. They may enforce all provisions of this chapter and may issue all necessary notices or orders to ensure compliance with said provisions, except as otherwise provided elsewhere in this chapter.

(2)

They shall receive applications for and issue zoning compliance certifications in accordance with this chapter and shall provide a zoning compliance certification prior to any certificate of occupancy being issued by the building inspector/official.

(3)

They shall make all inspections required by this chapter, and all inspections necessary to enforce this chapter, and may engage the assistance of the township code enforcement officer, fire chief and building inspector/official as deemed necessary in making such inspections. They may engage other experts to assist in making such inspections, subject to approval by the township manager.

(4)

They may direct the code enforcement officer to identify and process violations of this chapter. The code enforcement officer may be responsible for making periodic inspections of the township or parts thereof for the purpose of identifying violations of this chapter.

(5)

They shall keep official records of applications received, certificates issued, fees collected, reports of inspections, and notices and orders issued with the assistance of the township zoning coordinator.

(6)

They shall submit to the board of trustees and planning commission a quarterly report in which a summary of the activities of the office is presented.

(Ord. of 7-22-2013, § 67.02; Ord. No. 22-74, § 1, 3-22-2022)

(a)

Applications for certificates of zoning compliance shall be made to the zoning administrator. Each application shall include a site plan as required in article XXVIII of this chapter and all information necessary to determine zoning compliance.

(b)

All plans to be submitted to the building inspector for a building permit shall first be submitted for review and approval by the zoning administrator with respect to the requirements of the zoning ordinance. No building permit shall be issued unless a certificate of zoning compliance has been issued by the zoning administrator for the same development and is in effect.

(c)

In all cases in which an occupancy permit is required, but a building permit is not required, the occupancy permit shall not be issued unless a certificate of zoning compliance has been issued by the zoning administrator and is in effect.

(d)

A certificate of zoning compliance shall not be issued for any use or structure unless said use or structure and the lot on which situated meet all requirements of this chapter; provided, however, that a certificate of zoning compliance shall be issued for a use or structure and the lot on which situated on which one or more legal nonconformities exist. In such case, the certificate of zoning compliance shall not be issued for any use or structure and the lot on which situated if any illegal nonconformity exists thereon.

(e)

Application for a certificate of zoning compliance may be made by the owner or lessee of the structure or lot, or agent of either, or by the licensed engineer or architect employed in connection with the proposed work or operation. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or agent thereof that the application and the proposed work or operation is authorized by the owner in fee. The full name and address of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.

(f)

Subject to limitations of subsection (h) of this section, approved amendments to a plan, application, or other records accompanying the same may be filed at any time with the zoning administrator before completion of the work for which the certificate was approved and before a certificate of occupancy is issued; and such amendments, when approved, shall be deemed part of the original application and shall be filed therewith.

(g)

The zoning administrator shall examine or cause to be examined all applications for certificates of zoning compliance and amendments thereto within a reasonable time after filing. If an application or the plans do not conform to all requirements of this chapter, the zoning administrator shall reject such application in writing, stating the reasons therefor. If the application and plans do so conform, the zoning administrator shall promptly issue the preliminary certificate of zoning compliance. The zoning administrator shall attach his signature to every certificate or may authorize a subordinate to affix such signature. The zoning administrator shall stamp or endorse all sets of corrected and approved plans submitted with such application as "Approved."

(h)

An application for a certificate of zoning compliance shall be deemed to have been abandoned six months after the date of filing unless such application has been diligently pursued or a building permit shall have been issued, or a certificate of occupancy shall have been issued for a use not requiring a building permit. The zoning administrator may, for reasonable cause, grant one or more extensions of time for additional periods not exceeding 90 days each. Any certificate issued shall become invalid if the authorized work is suspended or abandoned for a period of six months after time of commencing the work.

(i)

In case of any false statement or misrepresentation of fact in the application or on the plans on which the certificate was based, any zoning compliance certificate issued thereto shall be deemed null and void.

(j)

Issuance of a certificate of zoning compliance shall be subject to the following conditions:

(1)

No certificate shall be issued until the required fees have been paid.

(2)

All work shall conform to the approved application and plans, including approved site plans, for which the certificate has been issued and any approved amendments thereto.

(k)

An application for a certificate of zoning compliance shall be accompanied either by a site plan as required in this section, or be a site plan as required under article XXVIII of this chapter, whichever applies. If a site plan is not required under article XXVIII of this chapter, a site plan shall be submitted as required by this section. A required site plan shall be drawn to scale, submitted in two copies, and shall provide the following information:

(1)

Scale, date, and north point.

(2)

Location, shape, and dimensions of the lot.

(3)

Dimensioned location, outline, and dimensions of all existing and proposed structures, and the location and extent of all uses not involving structures.

(4)

A clear description of existing and intended uses of all structures.

(5)

Additional information as required by the zoning administrator for the purposes of determining compliance with the provisions of this chapter.

(Ord. of 7-22-2013, § 67.03)

No building permit shall be issued for the erection, alteration, moving, placement, or repair of any structure or part thereof that does not comply with this chapter and unless a preliminary certificate of zoning compliance has been issued therefor by the zoning administrator and is in effect. No structure shall be erected, moved, placed on a lot, added to, or structurally altered unless a building permit shall have been issued therefor by the building inspector.

(Ord. of 7-22-2013, § 67.04)

(a)

Requirement; issuance. It shall be unlawful to use or occupy or to permit the use or occupancy of any structure or premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued by the building inspector/official. A certificate of occupancy shall not be issued until a zoning compliance certification is received from the zoning administrator. A certificate of occupancy shall not be issued for any building or structure or a part thereof, or for the use of land, which does not comply with all provisions of this chapter. The certificate of occupancy shall state that the building, structure, and lot and use thereof, conform to the requirements of this chapter, and shall list each legal nonconformity existing on the premises. Failure to obtain a certificate of occupancy when required shall be a violation of this chapter and punishable under section 36-979.

(b)

Use of lot without structure. Any lot vacant at the effective date of the ordinance from which this chapter is derived shall not be used, nor may any use of a lot without a structure existing at the effective date of the ordinance from which this chapter is derived be changed to any other use, unless a certificate of occupancy shall have first been issued for the new or different use. A certificate of occupancy shall not be required for agriculturally used lands, such as cropland, pasture land, and woodland.

(c)

Change in structure. A structure, or part thereof, shall not be changed to or occupied by a use different from that existing at the effective date of the ordinance from which this chapter is derived unless a certificate of occupancy is first issued for the different use.

(d)

New or altered structure. Any structure, or part thereof, which is erected or altered after the effective date of the ordinance from which this chapter is derived, shall not be occupied or used for occupancy or use, cause to be done, until a certificate of occupancy is issued for such structure.

(e)

Existing structure and use. A certificate of occupancy shall be issued, upon request of the owner, for an existing structure or part thereof, or for an existing use of land, including legal nonconforming uses and structures, if after inspection of the premises, it is found that such structures or uses comply with all provisions of this chapter, or otherwise have legal, nonconforming status. All legal nonconformities shall be clearly described on the certificate of occupancy. A certificate of occupancy shall not be issued for any premises on which illegal nonconformities exist.

(f)

Accessory structures. An accessory structure shall require a separate certificate of occupancy, unless included in the certificate of occupancy issued for the principal structure, when such accessory structure is completed under the same building permit as the principal structure.

(g)

Application. Application for certificates of occupancy shall be made in writing to the building inspector on forms furnished therefor.

(h)

Certificates to include zoning. Certificates of occupancy as required by the state construction code for new buildings or structures, or parts thereof, or for alterations or repairs to existing buildings or structures shall also constitute certificates of occupancy as required by this chapter; provided said certificates are signed by the zoning administrator.

(i)

Temporary certificates. Where permitted under the state construction code, a temporary certificate of occupancy may be issued provided that the temporary certificate is signed by the zoning administrator.

(Ord. of 7-22-2013, § 67.05; Ord. No. 22-74, § 2, 3-22-2022)

The applicant for a certificate of occupancy shall notify the zoning administrator and the building inspector when inspection is desired. The zoning administrator shall sign the certificate of occupancy within ten days after inspection of such application if the zoning administrator finds, after inspection, that the building or structure, or part thereof, or the use of land, complies with the provisions of this chapter and with all approved site plans. If the zoning administrator refuses to issue such certificate, he shall notify the applicant in writing of such refusal and the reasons therefor, within the aforesaid ten-day period.

(Ord. of 7-22-2013, § 67.06)

The zoning administrator and building inspector shall each maintain records of all certificates and permits issued under this chapter and said records shall be open for public inspection.

(Ord. of 7-22-2013, § 67.07)

The township board shall establish by resolution a schedule of fees for administering this article. The schedule of fees shall be posted on public display in the office of the zoning administrator and may be changed only by the township board. No certificate or permit shall be issued unless required fees have been paid in full.

(Ord. of 7-22-2013, § 67.08)

Building permits and certificates of zoning compliance issued on the basis of plans and applications approved by the zoning administrator and the building inspector authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided by this article.

(Ord. of 7-22-2013, § 67.09)

(a)

Notice of violation. At the direction of the zoning administrator, the code enforcement officer may serve a notice of violation to the person responsible for the erection, construction, alteration, extension, repair, use, or occupancy of a structure or lot in violation of the provisions of this chapter, a site plan or application approved hereunder, or zoning compliance certification issued hereunder. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation within a specified timeframe. If, in the opinion of the township, a municipal civil infraction citation is more appropriate for the first offense, the code enforcement officer may issue a municipal civil infraction citation as the first notice of violation.

(b)

Prosecution of violation. If the notice of violation is not complied with within the specified timeframe, the code enforcement officer may issue a municipal civil infraction citation in accordance with chapter 16, article IV of the Northfield Township Code of Ordinances. Any person, persons, firm, or corporation or anyone acting on their behalf found responsible for a municipal civil infraction citation shall be subject to a fine in an amount established by the township. The imposition of any fine shall not exempt the offender from compliance with the requirements of this section. At such time, the zoning administrator and code enforcement officer may also request that the township attorney initiate the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful use of the lot or structure in violation of the provisions of this chapter or the direction made pursuant thereto.

(c)

Violation penalties. Any person who shall violate a provision of this chapter or shall fail to comply with any of the requirements thereof or who shall erect construct, alter, or repair a structure in violation of an approved site plan, directive of the zoning administrator, or zoning compliance certification issued under the provisions of this chapter may be found responsible for a municipal civil infraction. Each day the violation continues may be considered a separate offense.

(d)

Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the township attorney from taking appropriate action to:

(1)

Prevent unlawful construction;

(2)

Restrain, correct, or abate a violation;

(3)

Prevent illegal occupancy of a structure or premises; or

(4)

Stop an illegal act, conduct, business, or use of a structure or premises.

(e)

Stop work order. Upon notice from the code enforcement officer or building official that work on any structure or premises is being prosecuted contrary to this chapter, such work shall be immediately stopped. A written stop work order, stating the conditions under which the work may be resumed, shall be posted on the property and forwarded to the owner of the property involved, the owner's agent, or to the person doing the work. Any person who continues any work in or about the structure or premises for which a stop work order has been served and posted, except such work directed by the zoning administrator or their designee to remove a violation or unsafe conditions, is responsible for a municipal civil infraction and shall be liable to a daily fine of not less than $100.00 per day.

(f)

Public nuisance per se. Any structure which is erected, altered, or converted, or any use of any structure or lot which is commenced or changed after the effective date of the ordinance from which this chapter is derived, in violation of any of the provisions herein is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(Ord. of 7-22-2013, § 67.10; Ord. No. 22-74, § 3, 3-22-2022)