Putnam Township City Zoning Code
ARTICLE XVII
Administration and Enforcement
§ 340-173 Administration and enforcement.
A.
An administrative official who shall be known as the "Zoning Administrator" shall be designated by the Township Board to administer and enforce this chapter. He/she may be provided with the assistance of other persons as the Township Board may direct.
B.
If the Zoning Administrator shall find any of the provisions of this chapter are being violated, he/she shall notify in writing the person responsible for the violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order the discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance or to prevent violation of its provisions.
§ 340-174 Zoning Administrator duties and zoning compliance permits.
A.
Zoning compliance permits. The Zoning Administrator shall have the authority to issue zoning compliance permits in accordance with the requirements of this chapter.
(1)
It shall be unlawful to change the type of 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, or to commence any use for which a special land use or site plan review is required, until the Zoning Administrator has determined the change to be in compliance with applicable provisions of this chapter and any conditions attached to any required land use approvals, and has issued a zoning compliance permit.
[Amended 8-19-2009]
(2)
It shall be unlawful to commence excavation for, or construction of, any building or other structure, including an accessory building or parking area, or to commence the moving or alteration of any structure, including accessory buildings, exceeding 100 square feet in gross ground floor area, until the Zoning Administrator has given documented approval of his opinion that plans, specifications and intended use of such structure does in all respects conform to the provisions of this chapter and has issued a zoning compliance permit. A structure that does not require a zoning compliance permit shall still comply with the requirements of this chapter.
(a)
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 the Zoning Administrator has inspected the plans in detail and found them in compliance with this chapter.
(b)
Issuance of a zoning compliance permit shall in no case be construed as waiving any provision of this chapter.
(c)
The Zoning Administrator shall not refuse to issue a permit when the applicant complies with conditions imposed by this chapter and all other applicable Township, county, and state regulations. Violations of contracts, such as covenants or private agreements, which may result upon the granting of the permit, are not cause for refusal to issue a permit.
(d)
The Zoning Administrator may refuse to issue a zoning compliance permit to a property where there are unresolved or outstanding violations to the Code of the Township of Putnam, including this chapter. Upon resolution of prior unresolved or outstanding violations, the Zoning Administrator shall issue the permit in accordance with Subsection A(2)(c) above.
(e)
When the Zoning Administrator receives an application for a zoning compliance permit that requires Planning Commission, Township Board, or Zoning Board of Appeals approvals, the Zoning Administrator shall so inform the applicant.
(f)
A zoning compliance permit shall not be issued until all applicable fees, charges and expenses have been paid in full.
(3)
A zoning compliance permit shall not be required for ordinary repairs or maintenance to one- or two-family residential dwellings or any structure accessory thereto, including but not limited to roofing, siding, and interior work, provided that such construction does not increase the gross ground floor area of the building by more than 100 square feet and/or does not change the use of the structure. In addition, a zoning compliance permit shall not be required for construction of a child's play structure in a side or rear yard.
B.
The Zoning Administrator is not, under any circumstance, permitted to grant exceptions to the actual meaning of any clause, order or regulation contained in the ordinance to any person making application to excavate, construct, move, alter or use either buildings, structures or land.
C.
The Zoning Administrator shall have the authority to make inspections of buildings or premises necessary to carry out his/her duties in the enforcement of this chapter. Prior to commencement of any approved special land use or occupancy of any use or structure for which site plan approval was granted, the Zoning Administrator shall have the authority to inspect the property in question to ensure that all requirements of this chapter and any conditions attached to the approval of the use(s) or structure(s) upon the property are met.
[Amended 8-19-2009]
D.
The Zoning Administrator may not make changes to this chapter or to vary the terms of this chapter in carrying out his/her duties.
E.
The Zoning Administrator shall require every application for a zoning compliance permit for excavation, construction, moving, alteration or change in type of use or type of occupancy, be accompanied by a site plan prepared in accordance with specifications of Article XIV of this chapter.
F.
If a proposed excavation, construction, moving or alteration or use of land as set forth in the application is in conformity with the provisions of this chapter and in conformance with the provisions of the building code, the Zoning Administrator shall permit a zoning compliance permit to be issued, provided all other requirements for the permit are satisfied. If the Zoning Administrator does not approve an application for the permit, the reasons for the rejection shall be stated in writing on an appropriate form.
§ 340-175 Schedule of fees, charges and expenses. [1]
A.
The Township Board shall by resolution establish a schedule of fees, charges and expenses and a collection procedure for zoning compliance permits, appeals, special land uses, variances, site plan reviews, rezoning applications, planned unit developments and other matters pertaining to this chapter. The schedule of fees shall be available in the office of the Zoning Administrator and may be amended only by the Township Board. In the case of a permit or variance request where work or improvements have been completed prior to legal issuance of permits, the Township Board may require a higher fee.
B.
An appropriate fee established by the Township Board shall accompany any application. Additionally, a separate deposit may be collected from the applicant, as determined by the Township Board, and used to reimburse another party retained by the Township to provide expert consultation and advice, including but not limited to legal, planning and engineering professionals regarding the application. The amount of the deposit shall be based on a reasonable estimate to provide such services; however, the Township Board may, by resolution, adopt a minimum deposit. Any unused portions of this fee shall be returned to the applicant after the Township has paid all costs for consultant services.
[1]
Editor's Note: See also Ch. 157, Escrow Account.
§ 340-176 Performance guarantees. [1]
A.
Unless specified as a requirement in this chapter, as a condition of approval of a site plan review, special land use, planned unit development, variance, or other approvals authorized by this chapter, the Township Board, Planning Commission, Zoning Board of Appeals, or Zoning Administrator may require a performance guarantee of sufficient sum to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development.
B.
The features or components, hereafter referred to as "improvements," may include, but shall not be limited to, survey monuments and irons, streets, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, paving, streets, driveways, utilities, and similar items.
C.
Performance guarantees shall be processed in the following manner:
(1)
Prior to the issuance of a zoning compliance permit, the applicant or his/her agent shall submit an itemized cost estimate of the required improvements that are subject to the performance guarantee, which shall then be reviewed and approved by the Zoning Administrator. The Zoning Administrator may refer the estimate to a professional consultant for verification.
(2)
The amount of the performance guarantee shall be not more than 100% of the cost of purchasing of materials and installation of the required improvements, including the cost of necessary engineering and inspection costs and a reasonable amount for contingencies. The contingency amount shall not be less than 15% of the cost of materials, installation and other costs.
(3)
The required performance guarantee shall be payable to the Township and may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety guarantee acceptable to the Township.
(4)
Upon receipt of the required performance guarantee, the Zoning Administrator shall authorize the issuing of a zoning compliance permit for the subject development or activity, provided it is in compliance with all other applicable provisions of this chapter and other applicable requirements of the Township.
(5)
The Zoning Administrator, upon the written request of the obligor, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. A portion of the performance guarantee shall be rebated in the same proportion as stated in the itemized cost estimate for the applicable improvements.
(6)
When all of the required improvements have been completed, the obligor shall send written notice to the Zoning Administrator of completion of the improvements. Thereupon, the Zoning Administrator shall inspect all of the improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections.
(7)
If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.
(8)
The Zoning Administrator shall maintain a record of required performance guarantees.
[1]
Editor's Note: See also Ch. 157, Escrow Account.
§ 340-177 Amendments.
[Amended 9-21-2022 by Ord. No. Z-119]
A.
Amendment to this chapter may be initiated by the Township Board on its own motion or, in the manner and pursuant to the procedure hereinafter set forth, may be initiated by any person, firm or corporation filing an application therefor with the Township Board. The Planning Commission may, at its discretion, also initiate amendments to this chapter through the Zoning Administrator and also recommend ordinance amendments to the Township Board for adoption.
B.
The following guidelines shall be used by the Planning Commission and the Township Board in consideration of amendments to the Zoning Ordinance:
(1)
Text amendment. The Planning Commission and Township Board shall consider the following when making a recommendation or decision on a zoning text amendment:
(a)
The proposed text amendment would clarify the intent of this chapter.
(b)
The proposed text amendment would correct an error in this chapter.
(c)
The proposed text amendment would address changes to the state legislation, recent case law or opinions from the Attorney General of the State of Michigan.
(d)
The proposed text amendment would promote compliance with changes in other county, state or federal regulations.
(e)
In the event the amendment will add a use to a district, that use shall be fully consistent with the character of the range of uses provided for within the district.
(f)
The amendment shall not create incompatible land uses within a zoning district, or between adjacent districts.
(g)
The proposed text amendment is supported by the findings of reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements and similar technical items.
(h)
As applicable, the proposed change shall be consistent with the Township's ability to provide adequate public facilities and services.
(i)
The proposed change shall be consistent with the Township's desire to protect the public health, safety, and welfare of the community.
(2)
Map amendment (rezoning). The Planning Commission and Township Board shall consider the following when making a recommendation or a decision on a zoning map amendment:
(a)
Master plan. The map amendment shall be generally consistent with the vision, goals, and future land use plan and map of the Master Plan. If conditions have changed significantly since the Master Plan was adopted, consistency with recent trends and conditions in the area may be considered.
(b)
Compatibility with property. The potential uses and special land uses allowed in the proposed zoning district shall be compatible with the property's physical, geological, hydrological, and other environmental characteristics.
(c)
Compatibility with area. The potential uses and special land uses allowed in the proposed zoning district shall be compatible with surrounding uses and zoning in terms of land suitability, impacts on the environment, impacts on the community, character of development, density, nature of use, aesthetics, potential influence on property values, and traffic impacts.
(d)
Infrastructure and services. There shall be adequate existing or planned capacity in the Township to provide adequate public infrastructure and public services for potential uses allowed in the proposed zoning district without compromising the public health, safety, and welfare.
(e)
Demand. There shall be an apparent demand for the potential uses or special land uses allowed in the proposed zoning district.
(f)
Other factors deemed appropriate by the Planning Commission or Township Board.
(3)
Consideration of amendment by Township Board. Upon receipt of a report and summary of hearing comments from the Planning Commission as provided for in the Zoning Act, the Township Board may modify and subsequently adopt the proposed amendment, or adopt it as presented by the Planning Commission. The Township Board may refer any proposed modifications back to the Planning Commission for additional comment.
§ 340-178 Revocation of approvals.
A.
Any zoning compliance approval or site plan approval may be revoked after determination that one or more of the following circumstances exist:
(1)
A material error in the original approval has been discovered either because of inaccurate information supplied by the applicant or administrative error by a staff member or other agency.
(2)
There has been a material departure from the commitments made and the requirements of an approved plan.
(3)
Material and substantial pollution, impairment or destruction of the environment, or to another legally protected public interest, would occur if the project were to be constructed as previously approved.
(4)
Failure to perform, unless due to actions or circumstances beyond the applicant's control.
B.
Proper notice shall be given prior to revocation of the approval. If the Planning Commission approved a site plan, they shall vote on the revocation. The Planning Commission shall hold a public hearing on revocation of plan that was originally approved or recommended by the Planning Commission after a public hearing. The Zoning Administrator may revoke zoning compliance permits.
§ 340-179 Enforcement.
A.
Any building or structure which is erected, moved, placed, reconstructed, demolished, extended, enlarged, altered, maintained or changed in violation of any provision of this chapter is hereby declared to be a nuisance, per se.
B.
A violation of this chapter constitutes a municipal civil infraction, as defined and administered under Chapter 55 of the Code of the Township of Putnam. Any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this chapter, or any permit or approval issued hereunder, or any amendment thereof, or any person who knowingly or intentionally aids or abets another person in violation of this chapter, shall be in violation of this chapter and shall be responsible for a municipal civil infraction.
C.
For purposes of this section, "subsequent offense" means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter or similar provision of this chapter for which the person admitted responsibility or was adjudged to be responsible. Each day during which any violation continues shall be deemed a separate offense.
D.
The Township Board, or their duly authorized representative(s), is hereby charged with the duty of enforcing the ordinance and are hereby empowered to commence and pursue any and all necessary and appropriate actions and/or proceedings in the Circuit Court of Livingston County, Michigan, or any other court having jurisdiction, to restrain and/or prevent any noncompliance with or violation of any of the provisions of this chapter, and to correct, remedy and/or abate the noncompliance or violation. And it is further provided that any person aggrieved or adversely affected by this noncompliance or violation may institute suit and/or join the Township in the suit to abate the same.
E.
The rights and remedies provided herein are cumulative and in addition to other remedies provided by law.
§ 340-180 Stop-work order.
A.
Upon notice from the Zoning Administrator that any use is being conducted or that any work on any building or structure is proceeding contrary to the provisions of this chapter, such work or use shall be immediately stopped. The stop-work order shall be in writing and shall be given to the owner of the property involved, to owner's agent, or to the person doing the work and shall state the conditions, if any conditions, under which work or the use will be permitted to resume.
B.
Any person who shall continue to work in or about the structure, land or building or use it after having been served with a stop-work order, except work that the person is directed to perform to remove a violation, shall be in violation of this chapter.
§ 340-181 Repeal of prior ordinance.
The Zoning Ordinance previously adopted by the Township and all amendments thereto are hereby repealed. The repeal of the prior Zoning 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.
§ 340-182 Effective date.
A.
The provisions of this chapter 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 seven days after publication of a "Notice of Ordinance Adoption" in a newspaper circulating within Putnam Township. Publication shall be preceded by approval of the Putnam Township Board.
B.
This chapter shall become effective on the sixth day of June 2008.