Whenever a public hearing is required or is granted by discretion under the provisions of this Ordinance or the Zoning Act (MCL 125.3101 et seq.) relating to an application of request for zoning approval or other zoning action, notice of the public hearing shall be given as follows:

(a)

The notice shall be published once, at least 15 days prior to the date of the public hearing, in a newspaper of general circulation in the Township.

(b)

Except as provided in subsection (c) of this section, a notice of public hearing shall also be mailed or be delivered to the following persons, at least 15 days prior to the date of the public hearing:

(1)

The owner of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.

(2)

All persons to whom real property is assessed within 300 feet of the property that is the subject to the application or request.

(3)

The occupants of all structures within 300 feet of the property that is the subject of the application or request. 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 of the structure who shall be requested to post the notice at the primary entrance to the structure. In structures containing four or fewer dwelling units, only one occupant of each unit must be given notice for a public hearing.

(4)

For amendments to this Ordinance, notice shall be mailed to each electric, gas, and pipeline public utility company, each telecommunications service provider, each railroad operating with the district or zone affected, and the airport manager of each airport, that registers its name and mailing address with the clerk of the legislative body for the purpose of receiving notice of public hearing.

(5)

If the above-described 300-foot radius extends outside of the Township's boundaries, then notice must be provided outside of the Township's boundaries, within the 300-foot radius, to all persons in the above-stated categories.

(c)

The notice of public hearing shall include the following information:

(1)

A description of the nature of the application or request.

(2)

An identification of the property that is the subject of the application of request. Except as provided in subsection (c)(6) below, 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 and another means of identification of the property shall be used.

(3)

State when and where the application or request will be considered.

(4)

Identify when and where written comments will be received concerning the application or request.

(5)

The notice shall indicate the place where and the times when the proposed text or map amendment may be examined.

(6)

When a proposed rezoning involves 11 or more adjacent properties, the mailing or delivery requirement of subsections (b)(2) and (b)(3) of this Ordinance are not required, and the listing of individual property addresses under subsection (c)(2) is not required.

(7)

Except as otherwise permitted under the Open Meetings Act (MCL 15.261 et seq.).

(8)

Each hearing shall be conducted during an open meeting of the Board or commission considering the subject of the hearing.

(d)

The purpose of any public hearing shall be:

(1)

To provide an opportunity for the applicant or the applicant's representative or attorney to be heard in support of the application or request.

(2)

To receive any comments from the administrative staff concerning the application or request.

(3)

To receive any comments from residents, property owners and other persons that may be in attendance concerning the application or request.

(e)

Public hearings shall be conducted in accordance with applicable procedures contained in the Zoning Act (MCL 125.3101 et seq.), contained in this Ordinance, or as set forth in any rules of procedure adopted by the Board or commission conducting the public hearing.

(Ord. No. 144, 8-13-2019)

(a)

Townships in Michigan are established with authority to operate under the provisions of section 17, article VII of the Michigan Constitution of 1963, as amended. Charter Townships are established and operate in accordance with the Charter Township Act (MCL 42.1 et seq.).

For the purposes of this Ordinance, the Township Board in accordance with the Michigan Planning Enabling Act (MCL 125.3801 et seq.) and the Michigan Zoning Enabling Act (MCL 123.3101 et seq.) may provide for and maintain or may appoint a Planning Commission, Zoning Board of appeals and a Zoning Administrator to develop, maintain and administer the zoning ordinance, to report any recommendations to the Township Board and to perform such other duties and have such other responsibilities as provided by statute or the provisions of this Ordinance.

(b)

Zoning ordinance amendment or map change.

(1)

Initiation of request for ordinance amendment or zoning map change.

i.

This Ordinance may be amended from time to time in accordance with the Zoning Act (MCL 125.3101 et seq.). Amendments to the ordinance may be initiated by the Township Board or the Planning Commission. Any interested person(s) may also initiate an amendment to the text of this Ordinance or to the zoning maps by applying to the Planning Commission for the amendment.

ii.

The application shall be filed with the Zoning Administrator. In case of an ordinance text amendment, a letter shall be submitted which shall contain the requested change and the reason for such change. In case of a zoning map change, an application shall be submitted which shall describe the property involved, the zone changes requested, and the reason for such change. Also accompanying the application shall be plans, drawings or other data pertinent to the request. Such plans, data and statement shall indicate in necessary detail the type of use, size, location and estimated time until occupancy of the proposed use.

(2)

Amendment or zoning change procedure. Before submitting a recommendation (report) to the Township Board for an amendment to the zoning ordinance or zoning maps, the Planning Commission shall comply with the applicable provisions of the Zoning Act (MCL 125.3101 et seq.).

(3)

Recommendation by Planning Commission. Following a public hearing for each proposed zoning change, the Planning Commission shall submit the application, a summary of the public hearing comments and its recommendation for approval or denial of the zoning change to the Township Board. A copy of the recommendation shall be sent to the county Planning Commission as provided by the Zoning Act (MCL 125.3101 et seq.).

(4)

Township Board action. Upon receipt of the recommendation (report) from the Planning Commission, the Township Board shall comply with the Zoning Act (MCL 125.3101 et seq.) in making its decision on a proposed amendment.

(5)

Publication requirements. Following the adoption of an amendment to this Ordinance, one notice of adoption shall be published in a newspaper in general circulation in Pere Marquette Charter Township within 15 days after adoption, and a copy of such notice of adoption shall also be mailed to the airport manager of any airport entitled to notice under Section 109-33.01(b)(4) of this Ordinance. The notice shall include the following information:

i.

Either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment.

ii.

The effective date of the ordinance amendment.

iii.

The place and time where a copy of the ordinance may be purchased or inspected.

(6)

Effective date of amendments. An amendment of this Ordinance on the zoning maps shall be effective upon the expiration of seven days after the publication of such amendment or at such later date as the Township Board shall specify.

(7)

Effect of denial of zoning change. In the event that the request for a zoning change is denied wholly or in part by the Township Board, an application for a permit for the same zoning change shall not be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Planning Commission and the Township Board.

(Ord. No. 144, 8-13-2019)

(a)

Appointment and authority. The Zoning Administrator may also be the Building Inspector, ordinance enforcement officer, or any other official who shall be charged with administering this Ordinance. The Zoning Administrator may be employed in accordance with the Charter Township Act (MCL 42.1 et seq.) or the Zoning Act (MCL 125.3101 et seq.).

(b)

Duties and responsibilities.

(1)

The Zoning Administrator shall be responsible for the updating and maintenance of the master copy of the zoning ordinance text and maps. They shall be thoroughly familiar with the provisions of this Ordinance in order to administer it adequately.

(2)

The Zoning Administrator shall make periodic checks of all properties in the Township to ensure compliance with this Ordinance. Any violations of this Ordinance shall be reported in writing to the Township Board for further action. The Zoning Administrator shall have the authority to issue a stop order, which may be removed only by the Zoning Administrator or by action of the Township Board. The Zoning Administrator shall review all applications for building permits to ensure that the proposed use is in compliance with the terms of this Ordinance.

(3)

The Zoning Administrator shall receive all requests for rezoning, ordinance amendments, variances, [and] conditional use permits and forward these requests to the proper Board or commission. They shall, under no circumstances, be permitted to make any changes in any part of this Ordinance or to vary the terms of this Ordinance in carrying out his duties as Zoning Administrator.

(4)

The Zoning Administrator shall act as a non-voting advisor to the Township Board, Planning Commission and Zoning Board of appeals. Any information, data or statements presented to these bodies by the Zoning Administrator shall be purely advisory in nature for the purpose of clarification and coordination and will not restrict decisions made by these bodies.

(5)

In the case of denying a zoning permit for failure to comply with the minimum setback requirements of Article 19 herein, the Zoning Administrator shall inform the property owner of the right to appeal and the conditions under which an appeal will be considered. The Zoning Administrator shall further inform the Zoning Board of Appeals and the Michigan Department of Environment, Great Lakes and Energy at the time an appeal is filed. Written notice of an exception request from the minimum required setback distance shall be given to Michigan Department of Environment, Great Lakes and Energy at least 14 days prior to the hearing before the Zoning Board of Appeals.

(Ord. No. 144, 8-13-2019)

(a)

Appointment and authority. The Building Inspector may also be the Zoning Administrator, ordinance enforcement officer or any other official who shall be charged with administering this Ordinance.

(b)

Duties and responsibilities.

(1)

Unless otherwise provided for, the Building Inspector of the Charter Township of Pere Marquette shall administer and enforce the provisions of the state construction code and the International Property Maintenance Code as adopted by the Township, as well as all provisions of this Ordinance as designated within the Charter Township of Pere Marquette.

(2)

The Building Inspector shall be responsible for the issuance of all permits for building, remodeling, site preparation, and for any other activity for which a permit is required by this Ordinance or any other Township ordinance, and for the collection of permit fees and deposits. The Building Inspector shall inspect the project sites as necessary and shall issue a certificate of completion following final inspection and acceptance.

(3)

The Building Inspector shall act as a nonvoting advisor to the Township Board, Planning Commission and Zoning Board of Appeals. Any information, data or statements presented to these bodies by the Building Inspector shall be purely advisory in nature for the purpose of clarification and coordination and will not restrict decisions made by these bodies. The Building Inspector shall also coordinate the administration and enforcement of Township ordinances with the Zoning Administrator.

(4)

The Building Inspector in the case of denying a building permit for failure to comply with the minimum setback requirements of Article 19 herein shall inform the property owner of the right to appeal, the conditions under which an appeal will be granted, and shall further inform the Zoning Board of Appeals and the Michigan Department of Environment, Great Lakes and Energy when an appeals action is to be initiated. Written notice of the appeal from the minimum setback requirement shall be given to the Michigan Department of Environment, Great Lakes and Energy at least 14 days prior to the hearing before the Zoning Board of Appeals.

(Ord. No. 144, 8-13-2019)

A building permit shall be valid for one year from the date of approval. If construction has not commenced and proceeded meaningfully toward completion within the one-year period the permit shall be voided and a new permit must be obtained. However, a building permit may be renewed prior to expiration by applying for a renewal to the Building Inspector prior to the expiration date.

Building permits shall be nontransferable. The Township Board shall set fees for both the original permit and the renewal permit.

(Ord. No. 144, 8-13-2019)

(a)

Any building or structure which is erected, moved, placed, reconstructed, raised, extended, enlarged, altered, maintained or used, or any use of a lot or land which is begun, maintained or changed in violation of any term or provision of the ordinance is hereby declared to be a nuisance per se.

Any person who violates, disobeys, omits, neglects, or refuses to comply with, or resists the enforcement thereof shall be responsible for a municipal civil infraction subject to enforcement procedures as set forth in the municipal civil infraction ordinance adopted by the Township in chapter 2, article IV, division 2 of this Code, and a fine of $50.00, plus costs and other sanctions, for each infraction.

(b)

Each day during which any violation continues after due notice has been served shall be deemed a separate and distinct violation. Increased civil fines may be imposed for repeated violations of this Code; a repeat violation means a second or subsequent municipal civil infraction violation committed by a person within any 12-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violation shall be as follows:

(1)

The fine for any offense which is a first repeat offense shall be $250.00, plus costs and other sanctions;

(2)

The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be $500.00, plus costs and other sanctions.

(c)

The Township Zoning Administrator, members of the Mason County Sheriff's Department assigned to the Township, members of the Mason County Sheriff's Department whose services are contracted by the Township and any other individuals who may from time to time be appointed by resolution of the Township Board are hereby designated as the authorized Township officials to issue municipal civil infraction citations (directing alleged violators to appear in court).

(Ord. No. 144, 8-13-2019)