A.

Administrative Official.

1.

The provisions of this Zoning Ordinance shall be administered and enforced by a Zoning Administrator and/or Building Inspector as appointed by the Township Board. Unless specifically directed otherwise by the Township Board, the duties of the Zoning Administrator shall be provided with the assistance of such other persons as the Township Board may direct. The Building Inspector shall serve under such terms and at such rate of compensation as the Township Board may determine.

2.

If the Zoning Administrator/Building Inspector shall find that any of the provisions of this Ordinance are being violated, he shall notify in writing, the person responsible for such violation or the owner of record of the lot upon which such violation is taking place, indicating the nature of the violation. He shall order discontinuance of the illegal use of any lot or structures; or if illegal additions, alterations, or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions.

B.

Permits Required.

1.

A zoning compliance permit shall be required for all new uses, change of use, new construction or structural alteration of any structure or building.

2.

A building permit, meeting all of the requirements of the applicable building code or the state construction code shall be required prior to the erection, alteration, moving or removal of any structure or building.

3.

No building or zoning compliance permit shall be required for alterations or repairs for roofing repairs, siding or painting, or interior repairs, provided that such repairs shall not be construed to include the cutting away of any stone or masonry wall, the addition or removal of any beam or support, or the removal, change or closing of any staircase, means of ingress or egress, or any chimney or window or is otherwise not required by the applicable construction code. No building or zoning compliance permit shall be required for detached accessory buildings such as storage sheds, dog houses, bus shelters, or children's playhouses provided they do not exceed fifty (50) square feet in area.

4.

Site plan approval and/or Special Approval may be required for certain uses according to the provisions of this zoning ordinance prior to the issuance of a building permit or a zoning compliance permit.

5.

Applications shall be applied for in writing on the forms provided and according to the procedures established by the Township. The amount of fees charged for permits or inspections shall be established by the Township Board.

C.

Certificates of Zoning Compliance.

It shall be unlawful to use, or occupy, or permit the use, or occupancy of any structure or premises, or parts thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy and/or zoning compliance have been issued by the Building Inspector stating that the proposed use of the structure or lot conforms to the requirements of this Ordinance.

1.

With the exception of single family homes, and associated accessory buildings, it shall be unlawful to use, or occupy, or permit the use, or occupancy of any structure or premises, or parts thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a certificate of zoning compliance have been issued by the Building Department.

2.

No permit for erection, alteration, moving, or repair of any structure shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this Ordinance upon completion of the work.

3.

The Building Inspector shall maintain a record of all certificates of zoning compliance.

4.

Failure to obtain a certificate of compliance shall be a violation of this Ordinance and punishable under the applicable provisions of this Ordinance.

D.

Building Permits.

Where a building permit is required for the erection or structural alteration of a building (other than a single-family dwelling or farm dwelling and other than accessory building to such dwellings), a Site Plan shall be reviewed and approved in accordance with the provisions of this Ordinance prior to the issuance of a building permit.

Before proceeding with the erection, alteration or removal of any structure or building, a permit shall be first obtained from the Building Inspector. The application for such permit shall be made in writing and upon printed forms furnished by the Township.

All applications for building permits shall be accompanied by the appropriate number of sets of plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of structures already existing, if any; and the location and dimensions of the proposed structure or alteration. The application shall include such other information as lawfully may be required by the Building Inspector, including data on existing or proposed structures or alteration, existing or proposed uses of the structures and lot; the location of existing or proposed wells, septic systems or drains; the number of families, housekeeping units, or rental units the structure is designed to accommodate.

1.

One (1) copy of the plans shall be returned to the applicant by the Building Inspector after he shall have marked such copy either as approved, or disapproved, and attested to same by his signature on such copy. One (1) copy of the plans, similarly marked, shall be retained by the Building Inspector.

Required wells must be in place prior to the issuance of a building permit.

E.

Certificates of Occupancy.

It shall be unlawful to use, or occupy, or permit the use, or occupancy of any structure or premises, or parts thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, lentil a certificate of occupancy and zoning compliance shall have been issued therefore by the Building Inspector.

1.

No occupancy permit shall be granted until the septic tank tile field and water supply system is inspected and approved by the Macomb County Health Department.

2.

No change of use shall be made in any building, premises or land or part thereof now or hereafter erected, altered, or used that is not consistent with the provisions of this Ordinance and no such change or use or occupancy shall be made without the issuance of a certificate of occupancy and compliance for such new use.

3.

A certificate of occupancy and compliance shall be applied for coincident with the application for a building permit. Where a certificate of use and occupancy is required not in conjunction with the issuance of a building permit, the same shall be issued on forms furnished by the Building Inspector. Every change of use shall require the issuance of a new certificate of use.

4.

A temporary certificate of occupancy may be issued by the Building Inspector for a period not exceeding six (6) months during alterations for partial occupancy of a structure pending completion of such alterations, provided that such temporary certificate may include such conditions and safeguards as will protect the safety and health of the occupants and the public.

5.

The Building Inspector shall maintain a record of all certificates of zoning compliance.

6.

Failure to obtain a certificate of occupancy shall be a violation of this Ordinance and punishable under the applicable provisions of this Ordinance.

F.

Expiration of Building Permit.

If the work described in any building permit has not begun within six (6) months from the date of issuance thereof, said permit shall expire, except as otherwise provided herein; it shall be canceled by the Building Inspector; and written notice thereof shall be given to the persons affected.

If the work described in any building permit has not been completed within one (1) year from the date of issuance, the permit shall expire unless it is renewed. The Building Inspector may reissue said permit for a second period of one (1) year at the cost of 1/2, the original permit fee. The renewal permit will expire at the end of one (1) year having allowed a total of two (2) years for final construction under original permit.

At the end of two (2) years from the date of issuance of the original building permit, the permit shall expire and the Building inspector will notify the permit holder in writing of said expiration. No further work may be undertaken and all monies (financial guarantees, plan reviews, and permit fees) will be forfeited. To undertake any additional work after this period a new application, permit and fees shall be required.

G.

Inspections.

As work progresses under a building permit the holder thereof shall cause the Building Inspector to be notified according to the requirements of the Township Building Code.

Each inspection shall be made as soon as possible following the receipt of notification. At the first inspection the Building Inspector shall determine to the best of his ability that the building or structure has been located in accordance with the site maps and that yard areas will comply with Township requirements.

Should the Building Inspector determine that the construction is not proceeding according to the plan filed or is in violation of any provision of this code or any other applicable ordinance, regulation or law, he shall notify the permit holder and further construction shall be stayed until correction has been affected and approved by the Building Inspector or upon notice and request for reinspection duly made.

If the permit holder fails to comply with the requirements at any stage of construction, the Building Inspector is hereby empowered to cancel the building permit issued and shall cause notice of such cancellation to be securely posted upon said construction. Posting of such notice shall be considered sufficient notification to the permit holder of cancellation thereof. No further work shall be undertaken or permitted upon such construction until a valid building permit shall thereafter have been issued.

H.

Unlawful Structures.

Any uses of land or dwellings or construction or alteration of building or structure including tents or mobile homes used, erected, altered, razed or converted in violation of any of the provisions of this Ordinance are hereby declared to be a nuisance per se.

The Building Inspector or the Township Supervisor is hereby authorized to apply to a court of equity to abate the nuisance created by such unlawful use or structure. Whenever the Building Inspector has declared a structure to be not conforming with the requirements contained in this Ordinance, the owner or occupant may be required to vacate such structure or premises and such structure or premises shall not again be used or occupied until it has been made to conform with this Ordinance.

(Ord. of 3-15-2022)

A.

Fees, charges, and expenses shall be assessed as part of the application for special use permits, site plan review, appeals, building permits, certificates of zoning compliance, and amendments to defray expenses incurred in processing such application.

B.

The Township Board by resolution shall establish a schedule of fees, charges, and expenses.

1.

The schedule of fees, charges and expenses may be altered or amended by resolution duly adopted by the Township Board.

C.

No action shall be taken on any application or appeal until all applicable fees, charges, and expenses have been paid in full.

Any building or structure which is erected, altered, maintained or used or any use of land which is begun, maintained or changed in violation of any provisions of this Ordinance is hereby declared to be a nuisance per se. Any person, firm, or other organization which violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any provisions shall be fined upon conviction not more than One Hundred ($100.00) Dollars, together with the cost of prosecution or shall be punished by imprisonment in the County Jail for not more than ninety (90) days for each offense or may be both fined and imprisoned as provided herein at the discretion of the Court. Each and every day during which an illegal erection, alteration, or maintenance of use continues shall be deemed a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the provisions of this Ordinance.

The Ray Township Zoning Ordinance passed by the Township Board on November 18, 1997 and as amended, is hereby repealed: All other resolutions or ordinances, or parts thereof, in conflict with the provisions of this Ordinance are to the extent of such conflict, hereby repealed.

This Ordinance and any of the provisions hereof are not intended and shall not be construed to establish any vested right in or on behalf of any persons, firm or corporation in and to the continuation of any particular use, district, zoning classification or any activity therein and each of such matters are hereby declared to be subject to such later amendments to this Ordinance as may be necessary to appropriate for the further preservation and protection of public health, safety, welfare and morals.

This Ordinance and each article, section, subsection, paragraph, subparagraph, part, provision, sentence, word and portion thereof are hereby declared to be severable. If any article, section, subsection, paragraph, part, provision, sentence, word and/or portion is adjudged by a Court of competent jurisdiction to be invalid or unenforceable for any reason whatsoever, it is hereby provided that the remainder of this Ordinance shall not be affected thereby.

The provisions of this Ordinance are hereby declared to be immediately necessary for the preservation of the public peace, health, safety, welfare and morals of the people of the Township of Ray, and are hereby ordered to be given immediate effect from and after the date of its passage by the Township Board in accordance with the provisions of Public Act 110 of 2006, as amended, and subsequent publication as required by law.

I, Ken Artmen, Township Clerk of the Township of Ray, do hereby certify that this Ordinance was originally adopted by the Ray Township Board, by authority of Act 110 of 2006, as amended, at a meeting of the Ray Township Board held at the Township Hall on the 4th day of October 2011. The Zoning Ordinance shall take effect thirty days after the publication of a synopsis of this Ordinance in a paper of general circulation in the Township.