(a)

An administrative official designated by the legislative body shall administer and enforce this ordinance. He may be provided with the assistance of deputy administrative officials as the legislative body may direct.

(b)

If the administrative official shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order 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 ordinance to ensure compliance with or to prevent violation of its provisions.

(a)

The administrative official shall have the authority to grant zoning compliance permits and certificates of occupancy, 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 administrative official to approve any plans or issue a zoning compliance permit for any excavation, construction or use until he has inspected such plans in detail and has found them in compliance with this ordinance. To this end, the administrative official shall require that every application for a zoning compliance permit for excavation, construction, moving, alteration, or change in type of use or types of occupancy, shall be accompanied by a written statement and plans or plats drawn to scale showing the following in sufficient detail to enable the administrative official to ascertain whether the proposed work or use is in conformance with this ordinance:

(1)

The actual shape, location, and dimensions of the lot. If the lot is not a lot of record, sufficient survey data to locate the lot on the ground.

(2)

The shape, size, and location of all buildings or other structures to be erected, altered, or moved, and of any other buildings or other structures already on the lot.

(3)

The existing and intended use of the lot and of all structures upon it.

(4)

Such other information concerning the lot or adjoining lots or other matters as may be essential for determining whether the provisions of this ordinance are being observed.

(b)

If the proposed excavation, construction, moving, alteration, or use of land as set forth in the application is in conformity with the provisions of this ordinance, the administrative official shall issue a zoning compliance permit. If an application for such permit is not approved, the administrative official shall state in writing on an appropriate denial form the cause for such disapproval.

(c)

The administrative official 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 administrative official 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 provision of this ordinance. The administrative official is under no circumstance permitted to grant exceptions to the actual meaning of any clause, order, or regulation contained in this ordinance to any person making application to excavate, construct, move, alter, or use either buildings, structures, or land. The administrative official is under no circumstance permitted to make changes to this ordinance or to vary the terms of this ordinance in carrying out his duties.

(e)

The administrative official shall not refuse to issue a permit when the applicant complies with conditions imposed by this ordinance. Violations of contracts, such as covenants or private agreements, which may result upon the granting of said permit, are not cause for refusal to issue a permit.

(f)

When the legislative body has officially adopted a plan under the Rehabilitation of Blighted Areas Act, Act 344, [Public Acts of] 1945, as amended, or Mapped Improvements Act, Act 222, [Public Acts] of 1943, or Neighborhood Area Planning Act, Act 208, P.A., as amended, the administrative official shall not issue a permit under the provisions of the ordinance where the proposal is not in compliance with the plan adopted under one of the above acts as it pertains to that particular lot.

(a)

It shall be unlawful to commence or conduct any of the following until the administrative official has issued a zoning compliance permit for such work or change:

(1)

The excavation, construction, reconstruction, repair, moving, or alteration of:

a.

Any building or structure for which a building permit is required by the building code; or

b.

Any parking lot, sign (see definition), tower, bridge, dock, and any structure having a cost or value of more than $500.00.

(2)

A change in the use or occupancy of any building or land to a type of use or occupancy which is not expressly permitted by the district's regulations specified in this ordinance.

(b)

The zoning compliance permit shall include a certificate by the administrative official of his opinion that plans, specifications, and description of such use(s) and structure(s) do in all respects conform to the provisions of this ordinance. See section 2703[(d)] on conformance to an approved site plan.

(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. The application shall be made in writing to the administrative official on forms provided for that purpose. A record of all such applications shall be kept on file by the administrative official. Any zoning compliance permit issued under the provisions of this ordinance shall be valid only for a period of 12 months following the date of issuance thereof. When the administrative official receives an application for a zoning compliance permit which requires city planning commission special exception, or other approval, he shall so inform the applicant.

(a)

Before any zoning compliance permit shall be issued, all inspection fees shall be paid in an amount fixed by a schedule established by ordinance of the legislative body.

(a)

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

(b)

Change of use and/or tenancy in all nonresidential structures or properties shall require a new certificate of occupancy. Forms for obtaining a certificate of occupancy are available from the city clerk and any fees shall be established by resolution of city council.

(Ord. No. 2011-09, 6-27-2011)

(a)

As used in this section, [the term] "improvements" means those features and transactions associated with a project which are considered necessary by the administrative official to protect natural resources or the health, safety, and welfare of the residents of a city, and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage. The term "improvements" does not include the entire project which is the subject of zoning approval.

(b)

To ensure compliance with a zoning ordinance and any conditions imposed under this ordinance, the city may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the city covering the estimated cost of improvements associated with a project for which a zoning compliance permit is sought, be deposited with the clerk of the city to ensure faithful completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the zoning compliance permit. The city may not require the deposit of the performance guarantee before the date on which the city is prepared to issue the permit. The city shall establish procedures under which a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements will be made as work progresses.

(c)

This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited pursuant to Act No. 288 of the Public Acts of 1967, as amended, being sections 560.101 to 560.293 of the Michigan Compiled Laws.