The office of zoning official is hereby created. The zoning official shall be appointed by the township board.

(Ord. No. 275, § 3.01, 10-21-2003)

The zoning official, or authorized designees, shall have the following duties and powers:

1. The zoning official shall interpret, administer, and enforce all provisions of this chapter and shall issue all necessary notices or orders to ensure compliance with said provisions, except as otherwise provided elsewhere in this chapter.
2. The zoning official shall receive applications for and issue certificates of zoning compliance in accordance with this chapter and shall authorize issuance of certificates of occupancy by the building official as required herein.
3. The zoning official shall make all inspections required by this chapter, and all inspections necessary to enforce the provisions of this chapter and may engage the assistance of the township fire chief, building official, planner and engineer as deemed necessary in making such inspections. The zoning official may engage other expert opinion to assist in making such inspections, subject to approval of the township board.
4. The zoning official shall identify and process all violations of this chapter. The zoning official shall be responsible for making inspections of the township or parts thereof for the purpose of identifying violations of this chapter.
5. The zoning official shall keep official records of applications received, certificates issued, fees collected, reports of inspections, and notices and orders issued.
6. The zoning official shall submit to the township board and planning commission an annual report in which a summary of the activities of the office is presented.

(Ord. No. 275, § 3.02, 10-21-2003)

1. Where building permits are required. All plans to be submitted to the building official for a building permit shall first be submitted for review and approval to the zoning official to determine compliance with the requirements of this chapter. No building permit shall be issued unless a preliminary certificate of zoning compliance has been issued by the zoning official.
2. Where occupancy permits are required. Where an occupancy permit is required, the occupancy permit shall not be issued unless a final certificate of zoning compliance has been issued by the zoning official.
3. Use of lot without structure. Any lot vacant at the effective date of the ordinance from which this chapter is derived shall not be used, nor may any use of a lot without a structure existing at the effective date of the ordinance from which this chapter is derived be changed to any other use, unless a certificate of zoning compliance shall have first been issued for the new or different use. A certificate of zoning compliance shall not be required for agriculturally used lands, such as cropland, pasture land, and woodland.
4. Change in use of structure. A structure, or part thereof, shall not be changed to or occupied by a use different from the use that is existing at the effective date of the ordinance from which this chapter is derived unless a certificate of zoning compliance is first issued for the different use.
5. New or altered structure. A structure, or part thereof, which was erected or altered after the effective date of the ordinance from which this chapter is derived, shall not be occupied by, or devoted to a use different from the use that is existing at the effective date of the ordinance from which this chapter is derived, unless a final certificate of zoning compliance is issued for the different use, or unless the zoning official shall have established a reasonable time schedule for corrections pursuant to section 36-401(c).
6. Nonconforming uses, lots or structures. A certificate of zoning compliance shall be issued for a legally nonconforming use or structure. A certificate of zoning compliance shall not be issued for any illegal nonconforming use or structure.
7. Application requirements. Applications for certificates of zoning compliance shall be made to the zoning official. Each application shall include a plan if required in subsection (i) of this section, and all information necessary to determine zoning compliance.
8. Applicants. Application for a certificate of zoning compliance may be made by the owner, or authorized agent of the owner, of the use or structure. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner, or authorized agent of the owner that the proposed work or operation is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, authorized agent of the owner, shall be stated in the application.
9. Plan requirements. An application for a certificate of zoning compliance shall be accompanied either by a plot plan as required in this section, or by a site plan as required under article VI of this chapter, whichever applies. If a site plan is not required under article VI of this chapter, plot plan shall be submitted, with the following information:
   1. Scale, date, and north directional arrow.
   2. Location map showing major intersections, and dimensioned diagram of the parcel.
   3. Dimensioned location, outline, and dimensions of all existing and proposed structures, and the location and extent of all uses not involving structures.
   4. A clear description of existing and intended uses of all structures, including documentation of any legal nonconforming uses and structures.
   5. Additional information as required by the zoning official for the purposes of determining compliance with the provisions of this chapter.
10. Plan amendments. Subject to the limitations of subsection (n) of this section, approved amendments to a plan, application, or other records accompanying the same may be filed at any time with the zoning official before completion of the work for which the certificate was approved and before a certificate of occupancy is issued; and such amendments, when approved, shall be deemed part of the original application and shall be filed therewith.
11. Review. The zoning official shall examine all applications for a certificate of zoning compliance and amendments thereto within a reasonable time after filing. If the application or the plans do not conform to all requirements of this chapter, the zoning official shall reject such application in writing, stating the reasons therefor. If the application or plans conform, the zoning official shall issue a certificate of zoning compliance. The zoning official shall attach his signature to every certificate. The zoning official shall stamp and endorse all sets of corrected and approved plans submitted with such application as "Approved."
12. Abandonment and extensions. An application for a certificate of zoning compliance shall be deemed to have been abandoned six months after the date of filing unless such application has been diligently pursued or a building permit shall have been issued, or a certificate of occupancy shall have been issued for a use not requiring a building permit. The zoning official may, for reasonable cause, grant one or more extensions of time for additional periods not exceeding 90 days each. Any certificate issued shall become invalid if the authorized work is suspended or abandoned for a period of six months after time of commencing the work.
13. False statements or misrepresentation. In case of any false statement or misrepresentation of fact in the application or on the plans on which the certificate was based, any zoning compliance certificate issued thereto shall be deemed null and void.
14. Conditions for issuance. Issuance of a certificate of zoning compliance shall be subject to the following conditions:
    1. No certificate shall be issued until the required fees have been paid.
    2. All work or use shall conform to the approved application and plans for which the certificate has been issued and any approved amendments thereto.
    3. All work or use shall conform to the approved final site plan, if required.

(Ord. No. 275, § 3.03, 10-21-2003)

1. No building permit shall be issued for the erection, structural alteration, moving or repair of any structure or part thereof which does not comply with all provisions of this chapter and unless a preliminary certificate of zoning compliance has been issued by the zoning official. No structure shall be erected, moved, added to, or structurally altered unless a building permit shall have been issued therefor by the building inspector.
2. Where repairs to a single-family dwelling and/or residential accessory building are exclusive of structural, mechanical or electrical modifications, the zoning official shall not require a preliminary certificate of zoning compliance.

(Ord. No. 275, § 3.04, 10-21-2003)

1. It shall be unlawful to use or occupy all or a portion of a building, structure and/or premises, or both, or part thereof hereafter created, erected, changed converted, or enlarged until a certificate of occupancy shall have been issued by the building inspector. A certificate of occupancy shall not be issued for any building, structure and/or premises which does not comply with all provisions of this chapter. The certificate shall state that the building, structure, and/or premises conform to the requirements of this chapter, and shall list each legal nonconformity existing on the premises.
2. The applicant for a certificate of occupancy shall notify the zoning official and the building official when a final inspection is desired. The zoning official shall sign a final certificate of zoning compliance within five days after inspection if the zoning official finds that the building, structure, or other site improvements and/or the use of the premises, comply with the provisions of this chapter and with all approved site plans.

(Ord. No. 275, § 3.05, 10-21-2003)

The zoning official and building official shall maintain records of all certificates and permits issued under this chapter and said records shall be open for public inspection.

(Ord. No. 275, § 3.06, 10-21-2003)

State Law reference— Freedom of information act, MCL 15.231 et seq.

The township board shall establish a schedule of fees by resolution from time to time for administering this chapter. The schedule of fees shall be on public display in the office and may be changed only by the township board. No certificate or permit shall be issued unless required fees have been paid in full.

(Ord. No. 275, § 3.07, 10-21-2003)

Building permits and certificates of occupancy issued on the basis of plans and applications approved by the building official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter.

(Ord. No. 275, § 3.08, 10-21-2003)

1. The township may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the township covering the estimated cost of improvements be deposited with the township. The guarantee shall be provided after a final site plan is approved but prior to issuance of a final certificate of zoning compliance for the property involved. The guarantee shall cover site improvements as shown on the approved final site plan, which will not be completed prior to issuance of the final certificate of zoning compliance. Site improvements shall mean streets and drives, parking lots, sidewalks, grading, required landscaping, required screening, storm drainage, exterior lighting and utilities.
2. The applicant shall provide a cost estimate of the improvements to be covered by the guarantee and such estimate shall be verified as to amount by the township. The form of the guarantee shall be approved by the township.
3. If the applicant shall fail to provide any site improvements according to the approved plans within the time period specified in the guarantee, the township shall be entitled to enter upon the site and complete the improvements. The township may defray the cost thereof from the deposited security or may require performance by the bonding company.
4. If a cash deposit or irrevocable bank letter of credit is used, the applicant may request that a rebate be made when a reasonable proportion of the work is completed, as determined by the township.
5. The zoning official shall not issue a final certificate of zoning compliance until compliance with the approved final site plan is achieved, or until adequate security is deposited as provided herein.

(Ord. No. 275, § 3.09, 10-21-2003)

State Law reference— Performance guarantee, MCL 125.3505.

1. Notice of violation. The zoning official shall serve a notice of violation or order on the person responsible for the erection, construction, structural alteration, extension, structural repair, use, or occupancy of a structure or lot in violation of the provisions of this chapter, or in violation of a site plan or application approved hereunder, or in violation of a zoning compliance certificate issued hereunder, and such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
2. Prosecution of violation. If the notice of violation is not complied with promptly, the zoning official is hereby authorized to issue either a municipal civil infraction citation or a municipal civil infraction violation notice pursuant to section 1-8 of the Scio Township Code of Ordinances. The zoning official may also request the township attorney to institute appropriate legal or equitable action to restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the lot or structure.
3. Violation penalties. Any person who shall violate a provision of this chapter or shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter, or make structural repairs in violation of an approved site plan or directive of the zoning official or of a zoning compliance certificate issued under the provisions of this chapter, shall be guilty of a municipal civil infraction.
4. Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the township attorney from instituting legal or equitable action to prevent unlawful construction or to restrain, correct, or abate a violation, or to prevent illegal occupancy of a structure or premises, or to stop an illegal act, conduct, business, or use of a structure or premises.
5. Stop work order. Upon notice from the zoning official that work on any structure or premises is being pursued contrary to the provisions of this chapter, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the person doing the work, and shall state the conditions under which the work may be resumed. Any person who shall continue any work in or about the structure or premises after having been served with a stop work order, except such work as he is directed by the zoning official to perform to remove a violation or unsafe conditions, shall be subject to the schedule of civil fines pursuant to section 1-8(i) of the Scio Township Code of Ordinances.
6. Nuisance per se. Any structure which is erected, altered, or converted, or any use of any structure or lot which is commenced or changed after the effective date of the ordinance from which this chapter is derived, in violation of any of the provisions herein, is hereby declared to be a nuisance per se, and may be abated by order of any court of competent jurisdiction.

(Ord. No. 275, § 3.10, 10-21-2003)

1. Nothing in this chapter shall require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance from which this chapter is derived and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
2. Where a building permit has been issued in accordance with the law prior to the effective date of the ordinance from which this chapter is derived and provided that construction is begun within 365 days of such effective date and diligently pursued to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further, may upon completion, be occupied by the use for which it was originally designated, subject thereafter to the provisions of article XIII of this chapter, if applicable. No basement, cellar, garage, or any incompletely constructed structure in use as a dwelling at the effective date of the ordinance from which this chapter is derived shall be used as a dwelling for more than 12 months following said date, unless such structure has been completed in conformance with the regulations of the district in which it is located.

(Ord. No. 275, § 3.11, 10-21-2003)