ADMINISTRATION AND ENFORCEMENT
A.
Administration. The provisions of this ordinance shall be administered and enforced by the zoning administrator who may designate other city staff to assist in the performance of those duties.
B.
Enforcement. In carrying out the administration and enforcement duties of this ordinance, the zoning administrator shall also act in accordance with the requirements of all other city regulations regarding code enforcement and may cooperate with other municipal officials in the enforcement of this ordinance.
C.
Authority. The zoning administrator shall have the power to:
1.
Grant certificates of zoning compliance, make inspections of buildings and premises necessary to carry out the enforcement duties, and other assigned duties of this ordinance.
2.
Determine zoning compliance in accordance with the requirements of this ordinance;
3.
Enforce violations of this ordinance;
4.
Maintain the Official Zoning Map; and
5.
Perform such other functions necessary and proper to enforce and administer the provisions of this ordinance.
A.
Zoning Permits.
1.
No building, structure, or sign shall be erected, altered, or moved unless a zoning permit shall have been first issued for such work.
2.
No zoning permit shall be issued for the erection, alteration, or use of any building or structure, or for the use of any land which is not compliant with all provisions of this ordinance and any conditions of approval imposed on the particular use.
3.
A record of all zoning permits issued shall be kept on file in the office of the zoning administrator and copies shall be furnished upon request to any person owning or renting the property which is the subject of the permit.
4.
No vacant land shall be used, and no existing use of land shall be changed to a different class of use unless a zoning permit is first obtained for the use.
B.
Building Permits and Certificates of Occupancy.
1.
No building permit for the construction, erection, alteration, repair, or moving of any building or structure shall be issued until a zoning permit, or zoning approval for such work has been issued.
2.
No building or structure erected or altered after adoption of this ordinance shall be occupied or used unless and until a certificate of occupancy shall have been issued for the building or structure.
3.
Certificates of occupancy, as required by the currently adopted building code for the City of Rockford, shall also constitute certification of compliance with the zoning ordinance.
4.
A record of all certificates of occupancy issued shall be kept on file in the office of the building official, and copies shall be furnished upon request to any person owning or renting the property which is the subject of the certificate.
C.
Fees. Fees for the inspection and issuance of permits or certificates of occupancy, or copies required or issued under the provisions of this ordinance, may be collected by the city in advance of issuance. The amount of such fees shall be established by resolution of the City Council and shall cover the cost of inspection and supervision resulting from the enforcement of this ordinance.
A.
Any person, firm, corporation, or organization who violates, disobeys, omits, or refuses to comply with any provisions of this ordinance or lawful order of the zoning administrator, Planning Commission, Board of Zoning Appeals, or City Council issued pursuant to this ordinance shall be responsible for a civil infraction punishable by the sanctions set forth in this section. Each day that a violation continues may be deemed a separate infraction.
B.
The zoning administrator, building official, and law enforcement officers are authorized to issue municipal civil infraction citations and municipal civil infraction violation notices for violation of the provisions of this ordinance.
C.
The sanction for any violation of this ordinance which is a municipal civil infraction shall be a civil fine which shall not exceed $500.00 for the first offense and $1,000.00 for each subsequent offense, plus any costs, damages, expenses, and other sanctions authorized under Public Act No. 236 of 1961 (MCL 600.8701 et seq.) and the city code.
1.
Increased civil fines will be imposed for repeated violations that occur within a six-month period. Civil fines for first offenses, repeat first offenses, and repeat second offenses will be established from time to time by ordinance of the city council.
2.
The city shall also be entitled to equitable relief to abate the violations and to such other relief as may be available to the city pursuant to the Michigan Revised Judicature Act of 1961, Public Act No. 236 of 1961 (MCL 600.8301 et seq., 600.8701 et seq.).
A.
As a condition of approval of a site plan, special land use, or planned unit development, the zoning administrator, Planning Commission, or City Council, whichever is designated as the approving authority, may require a financial guarantee of sufficient amount 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. Such features or components are considered "improvements" and may include, but shall not be limited to, roadways, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.
B.
Performance guarantees shall be processed in the following manner:
1.
Prior to the issuance of a permit authorizing the activity or project., the applicant shall submit an itemized estimate of the cost of the required improvements which are subject to the performance guarantee, which shall then be reviewed by the zoning administrator. The amount of the performance guarantee shall be 100 percent of the cost of purchasing materials and installing the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies.
2.
The required performance guarantee may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the city.
3.
Upon receipt of the required performance guarantee, the zoning administrator shall authorize issuance of a building permit for the subject development or activity, provided it is in compliance with all other applicable provisions of this ordinance and other applicable ordinances of the city.
4.
The zoning administrator, upon the written request of the obliger, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvements.
5.
When all of the required improvements have been completed, the obliger shall send written notice to the zoning administrator of completion of the improvements. Thereupon, the zoning administrator or designee shall inspect all improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections. If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obliger 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.
C.
A record of authorized performance guarantees shall be maintained by the zoning administrator.
ADMINISTRATION AND ENFORCEMENT
A.
Administration. The provisions of this ordinance shall be administered and enforced by the zoning administrator who may designate other city staff to assist in the performance of those duties.
B.
Enforcement. In carrying out the administration and enforcement duties of this ordinance, the zoning administrator shall also act in accordance with the requirements of all other city regulations regarding code enforcement and may cooperate with other municipal officials in the enforcement of this ordinance.
C.
Authority. The zoning administrator shall have the power to:
1.
Grant certificates of zoning compliance, make inspections of buildings and premises necessary to carry out the enforcement duties, and other assigned duties of this ordinance.
2.
Determine zoning compliance in accordance with the requirements of this ordinance;
3.
Enforce violations of this ordinance;
4.
Maintain the Official Zoning Map; and
5.
Perform such other functions necessary and proper to enforce and administer the provisions of this ordinance.
A.
Zoning Permits.
1.
No building, structure, or sign shall be erected, altered, or moved unless a zoning permit shall have been first issued for such work.
2.
No zoning permit shall be issued for the erection, alteration, or use of any building or structure, or for the use of any land which is not compliant with all provisions of this ordinance and any conditions of approval imposed on the particular use.
3.
A record of all zoning permits issued shall be kept on file in the office of the zoning administrator and copies shall be furnished upon request to any person owning or renting the property which is the subject of the permit.
4.
No vacant land shall be used, and no existing use of land shall be changed to a different class of use unless a zoning permit is first obtained for the use.
B.
Building Permits and Certificates of Occupancy.
1.
No building permit for the construction, erection, alteration, repair, or moving of any building or structure shall be issued until a zoning permit, or zoning approval for such work has been issued.
2.
No building or structure erected or altered after adoption of this ordinance shall be occupied or used unless and until a certificate of occupancy shall have been issued for the building or structure.
3.
Certificates of occupancy, as required by the currently adopted building code for the City of Rockford, shall also constitute certification of compliance with the zoning ordinance.
4.
A record of all certificates of occupancy issued shall be kept on file in the office of the building official, and copies shall be furnished upon request to any person owning or renting the property which is the subject of the certificate.
C.
Fees. Fees for the inspection and issuance of permits or certificates of occupancy, or copies required or issued under the provisions of this ordinance, may be collected by the city in advance of issuance. The amount of such fees shall be established by resolution of the City Council and shall cover the cost of inspection and supervision resulting from the enforcement of this ordinance.
A.
Any person, firm, corporation, or organization who violates, disobeys, omits, or refuses to comply with any provisions of this ordinance or lawful order of the zoning administrator, Planning Commission, Board of Zoning Appeals, or City Council issued pursuant to this ordinance shall be responsible for a civil infraction punishable by the sanctions set forth in this section. Each day that a violation continues may be deemed a separate infraction.
B.
The zoning administrator, building official, and law enforcement officers are authorized to issue municipal civil infraction citations and municipal civil infraction violation notices for violation of the provisions of this ordinance.
C.
The sanction for any violation of this ordinance which is a municipal civil infraction shall be a civil fine which shall not exceed $500.00 for the first offense and $1,000.00 for each subsequent offense, plus any costs, damages, expenses, and other sanctions authorized under Public Act No. 236 of 1961 (MCL 600.8701 et seq.) and the city code.
1.
Increased civil fines will be imposed for repeated violations that occur within a six-month period. Civil fines for first offenses, repeat first offenses, and repeat second offenses will be established from time to time by ordinance of the city council.
2.
The city shall also be entitled to equitable relief to abate the violations and to such other relief as may be available to the city pursuant to the Michigan Revised Judicature Act of 1961, Public Act No. 236 of 1961 (MCL 600.8301 et seq., 600.8701 et seq.).
A.
As a condition of approval of a site plan, special land use, or planned unit development, the zoning administrator, Planning Commission, or City Council, whichever is designated as the approving authority, may require a financial guarantee of sufficient amount 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. Such features or components are considered "improvements" and may include, but shall not be limited to, roadways, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.
B.
Performance guarantees shall be processed in the following manner:
1.
Prior to the issuance of a permit authorizing the activity or project., the applicant shall submit an itemized estimate of the cost of the required improvements which are subject to the performance guarantee, which shall then be reviewed by the zoning administrator. The amount of the performance guarantee shall be 100 percent of the cost of purchasing materials and installing the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies.
2.
The required performance guarantee may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the city.
3.
Upon receipt of the required performance guarantee, the zoning administrator shall authorize issuance of a building permit for the subject development or activity, provided it is in compliance with all other applicable provisions of this ordinance and other applicable ordinances of the city.
4.
The zoning administrator, upon the written request of the obliger, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvements.
5.
When all of the required improvements have been completed, the obliger shall send written notice to the zoning administrator of completion of the improvements. Thereupon, the zoning administrator or designee shall inspect all improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections. If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obliger 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.
C.
A record of authorized performance guarantees shall be maintained by the zoning administrator.