The provisions of this chapter shall be administered and enforced by the village clerk or other official so designated by the village council.

(Ord. No. 482, § 19.00, 7-17-2000)

1. The building inspector shall have the power to grant occupancy permits, to make inspections of buildings or premises, and to carry out his duties in the enforcement of this chapter. It shall be unlawful for the village clerk to approve any plans or issue a zoning compliance permit or a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this chapter. To this end, the village clerk may require that every application for a zoning compliance permit for excavation, construction, moving or alteration or change in type of use or the type of occupancy be accompanied by a written statement and plans or plats drawn to scale, in triplicate, and showing the following in sufficient detail to enable the village clerk to ascertain whether the proposed work or use is in conformance with this chapter:
   1. The actual shape, location and dimensions of the lot.
   2. The shape, size and location of all buildings or other structures to be erected, altered, or moved, and of any buildings or other structures already on the lot.
   3. The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.
   4. The signature of the fee holder owner of the premises concerned.
   5. Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.
2. If the proposed excavation, construction, moving, alteration, or use of land as set forth in the application are in conformity with the provisions of this chapter, the village clerk shall issue a zoning compliance permit. If any application for such permit is not approved, the village clerk shall state in writing on the application the cause for such disapproval. Issuance of a permit shall in no case be construed as waiving any provision of this chapter.
3. The village clerk and building inspector under no circumstances are permitted to grant exceptions to the actual meaning of any clause, order, or regulation contained in this chapter to any person making application to excavate, construct, remove, alter, or use either buildings, structures or land within the village.
4. The village clerk under no circumstances is permitted to make changes to this chapter nor to vary the terms of this chapter in carrying out his duties as village clerk.
5. The village clerk shall not refuse to issue a permit when the conditions imposed by this chapter are complied with by the applicant, notwithstanding violations of deed restrictions, contracts, covenants or agreements which may result upon the granting of the permit.

(Ord. No. 482, § 19.01, 7-17-2000)

1. It shall be unlawful for any person to commence excavation for or construction of any building or structure, except concrete work not requiring a foundation or rat wall; structural changes or repairs in any existing building or structure; or moving of an existing building without first obtaining a zoning compliance permit and a building permit from the village clerk. No permit shall be issued for construction, alteration or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this chapter, showing that the construction proposed is in compliance with the provisions of this chapter and the building code.
2. No plumbing, electrical, drainage or other permit shall be issued until the zoning administrator has determined that the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of this chapter.
3. Alteration or repair of any existing building or structure shall not include any changes in structural members, stairways, basic construction type, kind of class occupancy, light or ventilation, means of egress and ingress, or any other changes affecting or regulated by the building code, the state housing law, or this chapter, except for minor repairs or changes not involving any of such provisions.

(Ord. No. 482, § 19.02, 7-17-2000)

1. Required. It shall be unlawful to use or permit the use of any land, building or structure for which a building permit is required and use or permit to be used any building or structure altered, extended, erected, repaired, or moved until the building inspector shall have issued a certificate of occupancy stating that the provisions of this chapter have been complied with.
2. Certificate validity. The certificate of occupancy, as required for new construction of or renovations to existing buildings and structures in the building code, shall also constitute a certificate of occupancy as required by this chapter.
3. Certificates for existing buildings. Certificates of occupancy may be issued for a part of a building or structure prior to the occupation of the entire building or structure, provided that such certificate of temporary occupancy shall not remain in force more than 30 days.
4. Temporary certificates. Certificates of temporary occupancy may be issued for a part of a building or structure prior to the occupation of the entire building or structure, provided that such certificate of temporary occupancy shall not remain in force more than 90 days. The village clerk and building inspector may grant one extension of a temporary occupancy certificate up to 90 days.
5. Records of certificates. A record of all certificates of occupancy shall be kept in the office of the building inspector, and copies of such certificates of occupancy shall be furnished upon request to a person having a proprietary or tenancy interest in the property involved.
6. Certificates for accessory buildings to dwellings. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather may be included in the certificate of occupancy for the principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.
7. Application for certificates of occupancy. Certificates of occupancy shall be issued within five days after notification of completion of the building, if it is found that the building or structure or part thereof or the use of the land is in accordance with the provisions of this chapter. If such certificate is refused, the applicant shall be notified of such refusal and the cause thereof within the five-day period.

(Ord. No. 482, § 19.03, 7-17-2000)

The recipient of any building permit for the construction, erection, alteration, repair or moving of any building, structure, or part thereof shall notify the building inspector immediately upon the completion of the work authorized by such permit for a final inspection.

(Ord. No. 482, § 19.04, 7-17-2000)

1. The village planning commission, as established under Public Act No. 285 of 1931 (MCL 125.31 et seq.), shall perform all of the duties of such commission in accordance with the law in such case made and provided, relating to amendments of this chapter, and such other duties as are established in this chapter and article II of chapter 32.
2. When the planning commission is required to recommend or approve certain uses of premises under the provisions of this chapter, the applicant shall furnish such surveys, plans or other information as may be reasonably required by the planning commission for the proper consideration of the matter.
3. The planning commission shall investigate the circumstances of each such use and shall notify such parties who may, in its opinion, be affected thereby of the time and place of any hearing which may be held relative thereto as required under its rules of procedure.
4. Any approval granted by the planning commission, under which premises are not used or work is not started within one year or when such use or work has been abandoned for a period of one year, shall lapse and cease to be in effect.

(Ord. No. 482, § 19.05, 7-17-2000)

1. Amendments to this chapter may be made from time to time in the manner provided in Public Act No. 207 of 1921 (MCL 125.581 et seq.) and in accordance with the procedure set forth in subsection (2) of this section.
2. Amendments may be initiated by the village council upon written request to the planning commission, or the planning commission may initiate amendments upon its own motion. Any person affected by the provisions of this chapter may request an amendment to this chapter by submitting the necessary forms, obtainable from the village, to the village clerk. The petition shall be processed according to the procedures adopted by the village.

(Ord. No. 482, § 19.06, 7-17-2000)

State Law reference— Enactment of ordinances, MCL 125.584.

The village council shall establish by resolution fees for each of the following:

1. Inspections, permits and certification. Fees for inspections and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter shall be collected by the village clerk in advance of the issuance of such permits or certificates.
2. Appeals. Any person appealing under this division in all cases shall pay the established fixed fee plus such additional fees as may be deemed reasonable by the village council for expert services necessary to render a proper decision.
3. Reviews. Fees for the review of site plans, special approval uses, or other matters requiring village council, planning commission or zoning board of appeals review under the terms of this chapter shall be paid to cover the cost of such reviews, including notice, publication, delivery, administration and professional services.
4. Rezonings. Any petition for the rezoning of land requiring an amendment of this chapter shall be accompanied by a fee payable by the petitioner. Such fee shall be utilized to defray all costs, including necessary expert opinions, in conjunction with the legislative review of the petition.
5. Other. Fees for special resolutions pertaining to any matter relevant to this chapter or for the cost of special meetings of the village council, the planning commission or the board of appeals shall be paid by the applicant prior to the resolution or meeting.

(Ord. No. 482, § 19.07, 7-17-2000)

1. No person or any other group, entity or association, acting as a unit, or the individuals constituting such group, entity or unit, shall violate or fail to comply with any of the provisions of this chapter or any lawful order of the village clerk, building inspector, or other authorized village official made or issued to enforce this chapter.
2. Any violation of any provision of this chapter shall be a village civil infraction. A "violation" includes any act which is prohibited or made or declared to be unlawful or an offense by this chapter and any omission or failure to act where the act is required by this chapter.
3. The sanction for any violation of this chapter, which constitutes a village civil infraction, shall be a civil fine, as follows, plus any costs, damages, expenses, other relief, and other sanctions, as authorized and permitted under chapter 87 of Public Act No. 236 of 1961 (MCL 600.8701 et seq.) and as authorized and permitted by and/or under other applicable laws:
   1. Any person and any other group, entity or association, acting as a unit, and the individuals constituting such group, entity or unit, who, as a result of violating any provision of this chapter, is responsible for a village civil infraction shall pay a civil fine of not less than $50.00 nor more than $500.00, plus costs and other sanctions as authorized and permitted by law, for each village civil infraction.
   2. Repeat violations shall be subject to increased civil fines as set forth in this subsection. As used in this subsection, the term "repeat violation" means a second or any subsequent village civil infraction violation of the same requirement or provision of this chapter (i) committed by a violating party within any 12-month period and (ii) for which the violating party admits responsibility or is determined to be responsible. The increased civil fine for a repeat violation under this chapter shall be as follows:
      1. The civil fine for any violation which is a repeat violation shall be no less than $250.00, plus costs and other sanctions as authorized and permitted by law.
      2. The civil fine for any violation which is a second repeat violation or any subsequent repeat violation shall be no less than $500.00, plus costs and other sanctions authorized and permitted by law.
   3. A person and any other group, entity or association, acting as a unit, and the individuals constituting such group, entity or unit, who, as a result of violating any provision of this chapter, receives a village civil infraction violation notice, upon a determination of responsibility thereon, shall pay a civil fine at the village ordinance violations bureau as follows:
      1. For the first violation, $50.00.
      2. For the first repeat violation, $250.00.
      3. For the second repeat violation and for any subsequent repeat violation, $500.00.
4. The establishment of village civil infractions, the handling and processing of village civil infraction violations, the establishment and operation of the village ordinance violations bureau, the establishment and collection of civil fines and costs and other sanctions for village civil infraction violations, and the handling and administration of all matters incident to village civil infractions shall be expressly subject to and governed by the provisions of Public Act No. 236 of 1961 (MCL 600.101 et seq.) and all other applicable statutes of the state applicable to village civil infractions.
5. The building inspector or his deputies, any duly appointed village code enforcement officer, and all police officers of the village are the authorized village officials authorized to issue village civil infraction citations and village civil infraction violation notices for violations of this chapter.

(Ord. No. 482, § 21.00, 7-17-2000)

1. There is hereby established a board of zoning appeals which shall perform its duties and exercise its powers as provided in Public Act No. 207 of 1921 (MCL 125.581 et seq.) and in such a way that the objectives of this chapter shall be observed, public safety secured, and substantial justice done. The board of zoning appeals shall consist of five regular members, each to be appointed for a term of three years. All vacancies for unexpired terms shall be filled for the remainder of the term. The compensation for members of the board may be established by the village council. Members shall be appointed by the village council.
2. The village council also establishes positions for two alternate members to serve on the board of zoning appeals. Each alternate member shall be appointed by the village council to serve a three-year term. The alternate members shall be called on a rotating basis to sit as regular members of the board in the absence of a regular member. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. Once an alternate has been called to serve in a particular case, he shall continue to serve and participate in that case until a final decision has been rendered. The alternate member has the same voting rights as a regular member of the board of appeals.
3. Members of the board of zoning appeals shall be removable by the village council for nonperformance of duty or misconduct in office upon written charges and after public hearing. A member shall disqualify himself from a vote in which he has a conflict of interest. Failure of a member to disqualify himself from a vote in which he has a conflict of interest may constitute misconduct in office.

(Ord. No. 482, § 18.00, 7-17-2000)

1. The board of zoning appeals shall establish rules and procedures in accordance with the provisions of this chapter and the applicable state law.
2. All meetings of the board of zoning appeals shall be held at the call of the village clerk in accordance with its adopted procedures and at such other times as the village clerk shall determine or specify in its rules of procedure. All meetings, including hearings, conducted by the board shall be open to the public, and all business of the board shall be conducted at such meetings. The board shall not conduct business unless a majority of its members are present.

(Ord. No. 482, § 18.01, 7-17-2000)

The board of appeals shall have the following powers:

1. Ordinance interpretation.
   1. Interpret the ordinance text and map and all matters relating thereto whenever a question arises in the administration of this chapter as to the meaning and intent of any provision or part of this chapter. Any text interpretation shall be narrow and in a manner as to carry out the intent and purpose of this chapter. Interpretations shall not have the effect of amending the ordinance.
   2. Map interpretations shall be based on section 46-2 and division 1 of article III of this chapter and any relevant historical information.
2. Appeals of administrative decisions. Hear and decide appeals where it is alleged by the appellant that there is error in any order, interpretation, requirement, permit, decision or refusal made by the building inspector in enforcing any provision of this chapter.
3. Nonuse or dimensional variances.
   1. Hear and decide on all matters referred to it or upon which it is required to pass under this chapter.
   2. Permit such modification of the height, placement and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape or so located with relation to surrounding development or physical characteristics that it cannot otherwise be appropriately improved without such modification.
   3. Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modifications will not be inconsistent with the purpose and intent of such requirement.
   4. Permit the modification of screening and landscaping requirements.
   5. Permit the phasing of required site plan improvements where the cost of the required improvements are relatively high in relation to the total cost of the applicant's development or addition. Planning commission recommendations shall be required. A bond or similar security in the amount of the deferred improvements may be required to ensure completion of the phasing.

(Ord. No. 482, § 18.02, 7-17-2000)

1. The zoning board of appeals may authorize temporary structures and uses permitted in a zoning district for periods not to exceed six months. A total of three six-month extensions may be granted. The board of appeals, in granting permits for the temporary uses, shall do so under the following conditions:
   1. The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.
   2. The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted, and arrangements for removing the use at the termination of the temporary permit.
   3. All setbacks, land coverage, offstreet parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the village shall be made at the discretion of the board of appeals.
   4. The use shall be in harmony with the general character of the district.
   5. The adequate provision of necessary utilities shall be completed prior to occupancy.
2. Temporary approval granted pursuant to this section shall become effective upon issuance of a permit signed by the chairman of the zoning board of appeals. The permit shall clearly state its date of expiration. Any permit may be revoked by the building inspector whenever:
   1. Any condition of the permit is not being observed.
   2. Any provision of this chapter is being violated.
   3. It is necessary to preserve or protect public health, safety or welfare.

However, the building inspector shall forthwith report the revocation and the reasons therefor in writing to the holder of the permit, the village clerk and the village council.

(Ord. No. 482, § 18.03, 7-17-2000)

1. Nothing contained in this division shall empower the board of zoning appeals to override the decisions of the planning commission with respect to the approval or denial of special approval land uses.
2. Nothing contained in this division shall empower the board of zoning appeals to:
   1. Change the terms of this chapter;
   2. Effect changes in the zoning map;
   3. Grant a use variance; or
   4. Add to the uses permitted in any zoning district.
3. Every decision of the board of zoning appeals shall be based upon findings of fact, and each and every such finding shall be supported in the record of the proceedings of the board.
4. In authorizing a variance or taking any other action within its jurisdiction, the board of zoning appeals may attach such conditions as may be deemed necessary in the furtherance of the purposes of this chapter, provided any conditions are in compliance with the three standards listed in section 46-655(a).
5. A variance from the terms of this chapter shall not be granted by the zoning board of appeals unless and until a written application for a variance is submitted demonstrating that:
   1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
   2. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
   3. The special conditions and circumstances do not result from the actions of the applicant; and
   4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.
6. Any person aggrieved by the zoning board of appeals may appeal to the circuit court.

(Ord. No. 482, § 18.04, 7-17-2000)

1. Appeals under this chapter shall be commenced by a person filing a notice of appeal or petition, as described in the rules and procedures of the board of zoning appeals, accompanied by such appeal fee as may be specified by the village council. The notice of appeal shall specify the specific grounds upon which the appeal is based and shall be signed by the applicant. It shall also specify the requirement from which a variance is sought and the nature and extent of such variance.
2. The appeal shall also be accompanied by a fully completed application along with plot plans meeting the rules of procedure adopted by the board.
3. The board shall fix a reasonable time for the hearing of appeals and shall give due notice thereof as required by law.
4. The documents and records related to the appeal shall be transmitted to the board.
5. Any person may appear in person or be represented by a duly authorized agent.
6. The board shall prepare an official record for each appeal and shall base its decision on this record. The official record shall include the following:
   1. The relevant administrative record and administrative orders issued thereon relating to the appeal.
   2. The notice of appeal.
   3. Such documents, exhibits, photographs or written reports as may be submitted to the board for its consideration.
   4. The minutes of the hearing, findings of fact, and decisions and orders of the board.
7. The record and decision of the board shall meet all of the following:
   1. They comply with the constitution and laws of this state.
   2. They are based upon proper procedure.
   3. They are supported by competent material and substantial evidence on the record.
   4. They represent the reasonable exercise of discretion granted by law to the board of zoning appeals.

(Ord. No. 482, § 18.05, 7-17-2000)

No order of the zoning board of appeals permitting the erection or alteration of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. The zoning board of appeals may grant one one-year extension to the approval.

(Ord. No. 482, § 18.06, 7-17-2000)