The administration and enforcement of this Ordinance shall be the responsibility of the city council. The city council shall have the right to delegate responsibility to appropriate city officers, employees or designees. The person or persons administering and enforcing this Ordinance shall be known as the zoning administrator.

A.

Whenever, in the course of administration and enforcement of this Ordinance, it is necessary or desirable to make an administrative decision, unless other standards are provided in this Ordinance, the decision shall be made so that the result will not be contrary to the spirit and purpose of this Ordinance or injurious to the surrounding neighborhood.

B.

When a public hearing is required in the administration of this Ordinance, the zoning board of appeals and/or the planning commission shall base their decision upon facts presented at the public hearing.

C.

Wherever a discretionary decision is authorized in this Ordinance, such as, but not limited to, the issuance of conditional use permits, conditions (including, but not limited to greater setbacks, parking, screening, drainage, access control and other similar requirements) may be imposed provided they are:

1.

Designed to protect natural resources, the health, safety and welfare and the social and economic well- being of those who will use the land or activity under consideration, residents and landowners immediately adjacent to the proposed use or activity, and the community as a whole;

2.

Related to the valid exercise of the police power, and the purposes which are affected by the proposed use or activity;

3.

Necessary to meet the intent and purpose of the zoning ordinance, are related to standards established in this Ordinance for the land use or activity under consideration, and are necessary to insure compliance with those standards.

4.

Also given consideration by the reviewing body for the following:

a.

Intent of the zoning district,

b.

Current use of the adjacent lands and neighborhoods,

c.

Physical appearance of existing or proposed structures (location, height, bulk of building, as well as construction materials),

d.

The suitability of the proposed landscaping in providing ground cover, screening and decoration of the site,

e.

The nature and intensity of operations involved in or conducted in connection with the proposed use,

f.

The time of use and physical and economic relationship of one type of use to another,

g.

The assembly of persons or employees, which may be hazardous to the neighborhood or incongruous or conflict with normal traffic in the vicinity,

h.

Vehicular and pedestrian traffic volumes and patterns, particularly of children, as well as vehicular turning movements in relation to traffic flows, intersections and sight distances,

i.

The physical characteristics of the site such as: drainage, topography, open space, landscaping, and access to minor and/or major streets,

j.

Demands upon public services, such as electricity, police and fire protection, schools, and refuse disposal,

k.

The type and amount of litter, waste, noise, dust, traffic, fumes, glare, and vibration which may generated by such use,

l.

Area requirements for the proposed use and potential for the use or its area requirements to expand, and

m.

Other factors necessary to maintain property values in the neighborhood and guarantee safety, light, air and privacy to the principal uses in the district.

A.

When a public hearing is required in the administration of this Ordinance, the planning commission and the zoning board of appeals shall comply with the following in accordance with the Michigan Zoning Enabling Act, PA 110 of 2006:

All administrative decisions of the planning commission and zoning board of appeals which require a public hearing must have a notice published in a newspaper of general circulation within the City of Norway and mailed or delivered as provided in this section.

B.

Personal and mailed notice: When the provisions of this Ordinance or state law require that personal or mailed notice be provided, notice shall be provided by first class mail or personal service to:

1.

All property owners to whom real property is assessed and to all occupants of structures within 300 feet of the boundary of the property in question regardless of whether the property or occupant is located in the zoning jurisdiction. The current year's assessment roll shall be used as prima facie evidence of record of ownership. Street addresses do not need to be created and listed if no such addresses currently exist within the property.

2.

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 the notice. 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, business or organizations, 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. The notice shall be given not less than 15 days prior to the public hearing.

3.

Except for rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property; to all persons to whom real property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the Norway Area. If the name of the occupant is not known, the term "occupant" may be used in making notification.

C.

Notification for amendments shall be given to registered utilities and to railroads within the zone affected.

D.

All hearing notices shall include the nature of the request, the geographic area included in the zoning proposal, when and where the request will be considered, where and when written comments will be received and where and when the zoning ordinance and proposals may be examined.

E.

Unless otherwise provided in the Michigan Zoning Enabling Act, PA 110 of 2006, or this Ordinance where applicable, notice of a public hearing shall be provided as following:

1.

For a public hearing on an application for rezoning, text amendment, conditional use permit, planned unit development, variance, appeal or ordinance interpretation, notification shall be provided not less than 15 days before the date the application will be considered for approval.

A.

Interested parties at the hearing shall be permitted to present and rebut information either supporting or opposing the zoning action under consideration.

B.

The body conducting the hearing:

1.

Shall prepare a comprehensive summary record of the hearing, including an exact record of motions, votes and other official action;

2.

Shall set forth in writing and in detail any denial, approval, conditional approval, or order and the facts supporting such decision;

3.

Shall file the record, written testimony, or documents submitted with regard to the hearing, and the decision with the city clerk, and maintain an affidavit of mailing for each mailing made under this section;

4.

Shall comply with all other requirements under the law; and

5.

Shall record all administrative actions in the official zoning orders book and map.

C.

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. A record of changed condition shall also be maintained.

D.

All administrative guides or rules developed to assist the zoning board of appeals or the planning commission shall be filed with the city clerk and be open to public inspection.

A.

The office of zoning administrator is established. The zoning administrator shall be appointed by the city council and shall receive such compensation as the city council may, from time to time, determine. The zoning administrator may also serve in some other capacity as an employee or appointed or elected officer of the city. The zoning administrator shall not be a member of the planning commission or zoning board of appeals.

B.

The zoning administrator shall administer the provisions of this Ordinance and shall have all administrative powers which are not specifically assigned to some other office or body. The zoning administrator shall not vary, change or grant exceptions to any terms of this Ordinance, or to any person making application under the requirements.

C.

The zoning administrator shall issue zoning compliance permits and review site plans to determine whether they are in proper form, contain all of the required information and are in accordance with the provisions of this Ordinance. The zoning administrator shall make inspections of premises and collect such investigative data deemed necessary to carry out his duties in the enforcement of this Ordinance. The zoning administrator shall maintain a record of all zoning compliance permits which shall be open for public inspection.

D.

The zoning administrator shall review all requests for administrative and legislative action. He shall forward an analysis of site factors and other information pertaining to the request to the appropriate body. The analysis may include a recommendation for action.

E.

The zoning administrator shall keep records of all zoning matters, including variances, conditional use permits, zoning ordinance amendments (map and/or text), designations of nonconformance, and any modifications or terminations of any of these matters. The zoning administrator shall also maintain the official zoning map on which all zoning ordinance map amendments (rezoning) shall be recorded. All zoning records shall be open to public inspection.

F.

Whenever the zoning administrator determines that a violation of this Ordinance exists, the zoning administrator shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The notification shall be directed to each owner of or a party in interest whose name the property appears on the current year's tax assessment records. All notices shall be in writing and may either be served in person or mailed by certified mail, addressed to such owner or party of interest at the address shown in the tax records. An affidavit of mailing shall be maintained. If the violations are not corrected within a reasonable specified period of time, he shall take action as authorized by this Ordinance to ensure compliance with or prevent violations of its provisions.

A.

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

B.

It shall be unlawful for the zoning administrator to issue a zoning compliance permit or other such permits for any construction or use until he has inspected such plans and found them to conform to this Ordinance.

A.

The city council shall establish by resolution a schedule of fees for administering this Ordinance. No activity shall commence nor shall any permit be issued unless the fee has been paid.

B.

Fees are waived for actions initiated by the city council or the planning commission.

C.

Escrow. Any application for rezoning, site plan approval, a conditional use permit, planned unit development, variance, or other use or activity requiring a permit under this Ordinance above the following threshold, may also require the deposit of fees to be held in escrow in the name of the applicant. An escrow fee may be required by either the zoning administrator or the planning commission for any project which requires a traffic impact study under article XII or section 1409, or which has more than 20 dwelling units, or more than 20,000 square feet of enclosed space, or which requires more than 20 parking spaces, or which involves surface or below surface mining or disposal of mine materials. An escrow fee may be required, to obtain a professional review of any other project which may, in the discretion of the zoning administrator or planning commission create an identifiable and potentially negative impact on public roads, other infrastructure or services, or on adjacent properties and because of which, professional input is desired before a decision to approve, deny or approve with conditions is made.

1.

The escrow shall be used to pay professional review expenses of engineers, community planners, and any other professionals whose expertise the City of Norway values to review the proposed application and/or site plan of an applicant. Professional review shall result in a report to the planning commission indicating the extent of conformance or nonconformance with this Ordinance and identify any problems which may create a threat to public health, safety or the general welfare. Mitigation measures or alterations to a proposed design may be identified where they would serve to lessen or eliminate identified impacts. The applicant will receive a copy of any professional review hired by the Norway Area and a copy of the statement of expenses for the professional services rendered, if requested.

2.

No application for which an escrow fee is required will be processed until the escrow fee is deposited with the treasurer. The amount of the escrow fee shall be established based on an estimate of the cost of the services to be rendered by the professionals contacted by the zoning administrator. The applicant is entitled to a refund of any unused escrow fees at the time a permit is either issued or denied in response to the applicant's request.

3.

If actual professional review costs exceed the amount of an escrow, the applicant shall pay the balance due prior to receipt of any land use or other permit issued by the City of Norway in response to the applicant's request. Any unused fee collected in escrow shall be promptly returned to the applicant once a final determination on an application has been made or the applicant withdraws the request and expenses have not yet been incurred.

4.

Disputes on the costs of professional reviews may be resolved by an arbitrator mutually satisfactory to both parties.

A.

The failure to comply with provisions of this Ordinance shall constitute a violation of this Ordinance. Every day on which a violation exists shall constitute a separate offense.

B.

Violations of the provisions of this Ordinance or failure to comply with its requirements, including violations of conditions and safeguards established in connection with variances and conditional uses and violations of approved site plans shall constitute a municipal civil infraction. Any person or entity that admits responsibility or is adjudged to be responsible for a violation of this Ordinance, or fails to comply with any of its requirements, shall, upon admission or judgment thereof, pay a civil fine of not less than $50.00 nor more than $500.00, plus costs and other sanctions, for each infraction. A separate infraction shall be deemed committed each day during or on which a violation occurs or continues.

C.

Any building, structure or use constructed, altered, moved or maintained in violation of the provisions of this Ordinance is hereby declared to be a nuisance per se.

D.

In addition to any other civil remedies provided for in this Ordinance, the city council may also institute proceedings for injunction, mandamus, abatement, or other appropriate remedies to prevent, enjoin, abate or remove any violations of this Ordinance. The imposition and payment of any civil penalty shall not exempt the violator from compliance with provisions of this Ordinance.

A.

If the proposed land use exceeds the traffic generation thresholds below, then the zoning administrator shall require submittal of a traffic impact study at the expense of the applicant, as described below prior to consideration of the application or site plan by either the zoning administrator or the planning commission. At their discretion, the planning commission may accept a traffic impact study prepared for another public agency. A traffic impact study shall be provided for the following developments unless waived by the planning commission following consultation with the Michigan Department of Transportation (MDOT) or county road commission, as applicable:

1.

For any residential development of more than 20 dwelling units, or any office, commercial, industrial or mixed use development, with a building over 50,000 square feet, or

2.

When permitted uses could generate either a 30 percent increase in average daily traffic, or at least 100 directional trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over 750 trips in an average day.

3.

Such other development that may pose traffic problems in the opinion of the planning commission.

B.

At a minimum the traffic impact study shall be in accordance with accepted principles as described in the handbook Evaluating Traffic Impact Studies, a Recommended Practice for Michigan, developed by the MDOT and other Michigan transportation agencies and contain the following:

1.

A narrative summary including the applicant and all project owners, the project name, a location map, size and type of development, project phasing, analysis of existing traffic conditions and/or site restrictions using current data transportation system inventory, peak hour volumes at present and projected, number of lanes, roadway cross section, intersection traffic, signal progression, and related information on present and future conditions. The capacity analysis software should be the same for each project, such as using HCS 2000 or a later version.

2.

Projected trip generation at the subject site or along the subject service drive, if any, based on the most recent edition of the Institute of Transportation Engineers Trip Generation manual. The City of Norway may approve use of other trip generation data if based on recent studies of at least three similar uses within similar locations in Michigan.

3.

Illustrations of current and projected turning movements at access points. Include identification of the impact of the development and its proposed access on the operation of the abutting streets. Capacity analysis shall be completed based on the most recent version of the Highway Capacity Manual published by the transportation research board, and shall be provided in an appendix to the traffic impact study.

4.

Description of the internal vehicular circulation and parking system for passenger vehicles and delivery trucks, as well as the circulation system for pedestrians, bicycles and transit users.

5.

Justification of need, including statements describing how any additional access (more than one driveway location) will improve safety on the site and will be consistent with the US-2/US-141/M-95 Access Management Action Plan and the Community or Comprehensive Master Plan, and will not reduce capacity or traffic operations along the roadway.

6.

Qualifications and documented experience of the author of the Traffic Impact Study, describing experience in preparing traffic impact studies in Michigan. The preparer shall be either a registered traffic engineer (P.E.) or transportation planner with at least five years of experience preparing traffic impact studies in Michigan. If the traffic impact study involves geometric design, the study shall be prepared or supervised by a registered engineer with a strong background in traffic engineering.

C.

The City of Norway may utilize its own traffic consultant to review the applicant's traffic impact study, with the cost of the review being borne by the applicant per section 1407.