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Porter Township Van Buren County
City Zoning Code

ARTICLE VI

ZONING ADMINISTRATION AND ORDINANCE ENFORCEMENT

Sec. 6.01.- Zoning administrator/ordinance enforcement officer: designation and enforcement.

A.

[Administrator designated.] An administrative official who shall be known as the zoning administrator/ordinance enforcement officer shall be designated by the township board to administer and enforce all zoning and other ordinances of the township. He may be provided with the assistance of such other persons as the township board may direct. He shall have the authority to issue stop work orders and to make requests to the township board for legal/court assistance.

B.

Procedure for enforcement.

(1)

Identify, observe and describe the land use activity.

(2)

Take photographs, if possible, note time and date taken.

(3)

Determine what sections(s) of the ordinance(s) is (are) being violated.

(4)

Discuss and explain the violation with the party maintaining the land use violation; note time, date, place and discussion.

(5)

If the administrator shall find that any of the provisions of this ordinance are being violated, he shall:

a.

Notify the violator, by a written 15-day notice of violation, serviced via personal service or by first class mail with postage fully prepaid. The notice of violation shall include the nature of the violation and request for correction action to be taken immediately.

b.

If after 15 days the violation(s) still exist(s), at the discretion of the zoning administrator/ordinance enforcement officer, an extension to complete the corrective action may be granted. If the violation continues thereafter, the zoning administrator/ordinance enforcement officer shall issue a citation, if appropriate per the ordinance, for the violation(s). The citation shall be filed with the court pursuant to current citation procedure. A copy of the citation, 15-day notice and zoning administrator/ordinance enforcement officer(s report shall be provided to the township attorney.

c.

If a citation is not the appropriate action to be taken, the township board may determine:

1.

The additional time, if any to be granted for the party to come into compliance;

2.

What further actions, beyond those terms already specified by the zoning administrator, need to be taken to come into compliance; and

3.

Any fees or penalties (based on the circumstances) to be assessed. In the alternative, the township board may follow through with part 4 below:

d.

The township board may authorize court enforcement and shall refer the matter to the township attorney will all records in the township file.

Sec. 6.02. - Duties and limitations of the zoning administrator.

A.

The zoning administrator shall have the authority to grant zoning compliance permits, and to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance. It shall be unlawful for the zoning administrator to approve any plans or issue a zoning compliance permit for any excavation or construction or use until he has inspected such plans in detail and has found them in compliance with this ordinance. To this end, the zoning administrator shall require that an application for a zoning compliance permit for construction, moving, alteration or change in the type of use or type of occupancy shall, where required (section 5.02) be accompanied by a site plan.

B.

If the proposed construction, moving or alteration or use of land as set forth in the application, and site plan when required, is in conformity with the provisions of the ordinance the zoning administrator shall issue a zoning compliance permit. If an application for such permit is not approved, the zoning Administrator shall state in writing on an appropriate denial form the cause for such disapproval.

C.

The zoning administrator may accept a preliminary application and a lesser number of submitted documents than those listed above in situations where a basic clarification is desired ahead of proceeding with further technical work; and the zoning administrator may on such preliminary submittal take the formal action of tentative denial or tentative approval.

D.

Issuance of a zoning compliance permit shall in no case be construed as waiving any provisions of this ordinance. The zoning administrator is under no circumstances permitted to grant exceptions to the actual meaning of any clause, order or regulation contained in this ordinance to any persons making application to construct, move or alter, or use buildings, structures or land. The zoning administrator is under no circumstances permitted to make changes to this ordinance or to vary the terms of this ordinance in carrying out his duties.

E.

The zoning administrator shall not refuse to issue a zoning compliance permit when the applicant has complied with all applicable conditions required by this ordinance. Violations of contracts such as covenants or private agreements which may result upon granting of said permit are not cause for refusal to issue a permit.

Sec. 6.03. - Zoning compliance permit.

A.

It shall be unlawful to commence the excavation for or the construction of any building or other structure, including an accessory building, or to commence the moving, alteration or repair of any structure, including accessory buildings, costing more than $500.00 or exceeding 150 square feet in floor area, until the zoning administrator has issued for such work a zoning compliance permit, including a certification of his opinion that plans, specifications and intended use of such structure does in all respects conform to the provisions of this ordinance.

B.

It shall be unlawful to change the use of land, or to change the type of use or type of occupancy of any building, or to extend any use on any lot on which there is a nonconforming use, until the zoning administrator has issued for such intended use a zoning compliance permit.

C.

In all cases where a building permit is required, application for a zoning compliance permit shall be made coincident with the application for a building permit and in all other cases shall be made not less than ten days prior to the time when a new or enlarged use of a building or premises or part thereof is intended to begin. This application shall be made in writing to the zoning administrator on a form provided for that purpose. A record of all such applications shall be kept on file by the zoning administrator.

D.

Any zoning compliance permit issued under the provisions of this ordinance shall be valid for a period of 90 days following the date of issuance thereof.

E.

When the zoning administrator receives an application for a zoning compliance permit which requires a special use permit, a variance or other approval, he shall inform the applicant.

F.

Before any zoning compliance permit shall be issued, and inspection fee shall be paid in an amount fixed by schedule, established by resolution of the township board.

G.

No building or structure or use for which a zoning compliance permit has been issued shall be used or occupied until after a final inspection has been performed which indicated that all provisions of this ordinance are being complied with and a certificate of compliance has been issued by the zoning administrator. The issuance of a certificate of occupancy shall in no case be construed as waiving any provisions of this ordinance.

6.04. - Reserved.

Editor's note— Sec. 8 of a Resolution passed May 9, 2012, deleted § 6.04, Applications for variance, site plan and special uses, in its entirety.