The provisions of this ordinance shall be administered and enforced by the township board through the building director or any other employees, inspectors and officials as the township board may delegate to enforce the provisions of the ordinance.

(Ord. No. 212.5, § 37(16.00), 7-20-1999)

The building director shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises to carry out his duties in the enforcement of this ordinance. It shall be unlawful for the building director 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 ordinance. To this end, the building director shall require that every application for a zoning compliance permit for excavation, construction, moving, alteration, or change in type of use or the type of occupancy be accompanied by written statement and plans or plats drawn to scale, in triplicate, and showing the following in sufficient detail to enable the building director to ascertain whether the proposed work or use is in conformance with this ordinance:

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 ordinance are being observed.

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 ordinance, the building director shall issue a certificate of zoning compliance. If any application for such permit is not approved, the building director 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 provisions of this ordinance.

Whenever an application for a building permit and/or zoning compliance permit indicates the necessity for construction of an on-site sewage disposal system and/or water well system on the premises, the building director shall not issue such permit unless the Macomb County Health Department shall have approved the site for the construction of such facilities.

The building director under no circumstances is 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, remove, alter or use either buildings, structures or land within the township.

The building director under no circumstances is permitted to make changes to this ordinance nor to vary the terms of this ordinance in carrying out his duties as building director.

The building director shall not refuse to issue a permit when the conditions imposed by this ordinance are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may result upon the granting of said permit.

(Ord. No. 212.5, § 37(16.01), 7-20-1999)

The following shall apply in the issuance of any permit:

1.

Permits required. All construction regulated by the current Michigan Building Code shall be undertaken and completed with strict compliance with the said building code. Where the Michigan Building Code does not regulate construction, the prevailing Shelby Township Zoning Ordinance and/or any other relevant local ordinances shall be applicable.

It shall be unlawful for any person to commence excavation for, or construction of, any building or structure (except concrete work nor requiring a foundation or rat wall), structural changes, 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 Building Director. 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 Ordinance, showing that the construction is in compliance with the provisions of this Ordinance and the Building Code.

No plumbing, electrical, drainage or other permit shall be issued until the Building Director 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 Ordinance. "Alteration" or "repair" of an 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 Housing Law of the State of Michigan, or this Ordinance, except for minor repairs or changes not involving any of the aforesaid provisions.

2.

Permits for new use of land. A zoning compliance permit shall also be obtained for the new use of land, whether presently vacant or a change in land use is proposed.

3.

Permits for new use of buildings or structures. A zoning compliance permit shall also be obtained for any change in use of an existing building or structure to a different class or type.

4.

Permits for mobile office as temporary use. The owner of any premises may move not more than one mobile office upon such premises and utilize the same for a sales office during the actual construction, but not to exceed one year beginning with the issuance of a permit for the construction. Application may be made for a one-year extension. The township board shall require said owner to furnish a financial guarantee in a sum equal to the cost of removing said mobile office from the premises. Such financial guarantee may be in the form of a corporate surety bond, irrevocable bank letter of credit or cash. Permits for temporary mobile offices may be granted by the building director.

5.

Performance bond requirements. Prior to the issuance of any building permit(s), where site plan review has been approved in accordance with section 7.02, a performance bond in the amount as established by resolution of the township board shall be posted with the township treasurer, which may change from time-to-time by resolution of the township board. Such bond shall be in a form acceptable to the township treasurer, shall be posted by the building owner(s) or land owner(s), and shall not be discharged or returned to the payor until:

A.

The entire site shall comply with the approved site plan of record.

B.

All building construction has been completed in accordance with the approved site plan of record, or any lawfully granted modification(s) thereto, and the prevailing standards of the applicable Michigan Building Code, as amended.

C.

Any known township ordinance infraction(s) on the site shall have been corrected, or otherwise lawfully resolved.

Where site plan review is not required by this ordinance, a performance bond, in an amount established by resolution of the township board, shall be posted with the township building department [planning and zoning coordinator], prior to any building permit issuance, for any development, construction and/or activity(ies) which requires a building permit in accordance with this ordinance and/or the current Michigan Building Code, as amended. Such bond shall be in a form acceptable to the township treasurer, which may change from time-to-time by resolution of the township board, shall be posted by the building owner(s) or property owner(s), and shall not be discharged or returned until all building construction has been completed and approved in accordance with:

A.

All of the requirements of this ordinance.

B.

The approved site or plot plan of record.

C.

The approved grading plan of record, or any lawfully approved modification thereof.

D.

All lot or property improvements, including public sidewalks, tree and/or landscape planting(s), berms, retainer walls, driveway(s), and any other installation(s) which are required by the Charter Township of Shelby Code of Ordinance[s], and any lawfully adopted amendment thereto.

E.

The Michigan Building Code.

The entire performance bond, or any portion thereof, may be used by the township to offset the actual cost of any required litigation to gain compliance with the terms, conditions and dictates of this ordinance, where non-compliance cannot be otherwise resolved. A record of actual cost(s) of any required litigation shall be maintained and shall be available to the parties in interest. Any bond money(ies) not used in the actual cost(s) of obtaining compliance shall be returned upon the lawful resolution of any issue(s) in dispute.

(Ord. No. 212.5, § 37(16.02), 7-20-1999; Ord. No. 212.48, 10-21-2004)

It shall be unlawful to use or permit the use of any land, building or structure for which a building permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired or moved until the building director shall have issued a zoning approval certificate stating that the provisions of this ordinance have been complied with.

1.

Certificate validity. The zoning approval certificate is required for new construction of, or renovations or additions to, all buildings and structures and may be included in, or be part of, the certificate of occupancy issued pursuant to the dictates of the current Michigan Building Code.

2.

Temporary certificates. Temporary zoning approval certificates may be issued for a part of a building or structure prior to the occupancy of the entire building or structure, provided that such temporary zoning approval certificate shall not remain in force more than 180 days, plus one 30-day extension where warranted by conditions approved by the building director. Prior to the issuance of a temporary zoning approval certificate, the applicant shall enter into an agreement, provided by the building department [planning and zoning coordinator] [planning director], wherein the duration of the proposed occupancy, amount of a performance bond to be posted, improvements required to be made, and all specific conditions incident to the temporary occupancy proposed, are fully described.

Any default or breach in the terms or conditions of the temporary zoning approval certificate and/or the above-referenced agreement shall constitute a violation of this section and shall be prosecuted forthwith.

3.

Records of certificates. A record of all zoning approval certificates shall be kept in the office of the building director, and copies of such certificates shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.

4.

Certificates for accessory buildings. Accessory buildings or structures serving a detached, single-family dwelling shall not require a separate zoning approval certificate, but rather may be included in the zoning approval certificate for the principal dwelling on the same lot, when such accessory buildings or structures are completed at the same time as the principal use. Such accessory buildings or structures lawfully constructed subsequent to the principal structure completion must have all final inspection approvals prior to any use or occupancy and shall require a zoning approval certificate issuance.

All accessory buildings which do not serve a detached, single-family dwelling shall not be used or occupied unless a zoning approval certificate has been issued by the building department [planning and zoning coordinator] [planning director].

5.

Application for certificates. Zoning approval certificates shall be applied for in writing to the building director simultaneously with or as part of the application for a zoning compliance permit, and 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 ordinance. If such certificate is refused for failure to conform or comply with the zoning ordinance, the applicant shall be notified of such refusal and the cause thereof within the aforesaid five-day period.

6.

Exceptions. A zoning approval certificate shall not be required if a certificate of zoning compliance is utilized pursuant to section 16.08.

(Ord. No. 212.5, § 37(16.03), 7-20-1999)

The recipient of any building permit for the construction, erection, alteration, repair or moving of any building, structure, or part thereof, shall obtain all inspections required by the current Michigan Building Code. Final inspection approval shall be obtained prior to the use or occupancy of any building or structure for which a building permit has been issued, or which requires the issuance of a building permit.

(Ord. No. 212.5, § 37(16.04), 7-20-1999)

The Charter Township of Shelby Planning Commission, as established under Public Act No. 168 of 1959 (MCL 125.321 et seq., MSA 5.2963(101) 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 ordinance, and such other duties as are established in this ordinance.

In cases where the planning commission is required to recommend or approve certain use of premises under the provisions of this ordinance, the applicant shall furnish such surveys, plans or other information as may be reasonably required by said commission for the proper consideration of the matter.

The planning commission shall investigate the circumstances of each such case and shall notify such parties who may, in its opinion, be affected thereby of the time and place of any review or hearing which may be held relative thereto, as required under its rules of procedure.

(Ord. No. 212.5, § 37(16.05), 7-20-1999)

A.

Amendments to this ordinance may be made from time-to-time in the manner provided in Michigan Public Act No. 110 of 2006 (M.C.L. 125.3101 et seq.), as same may now or hereafter be amended, and in accordance with the initiatory procedure set forth hereinafter. Amendments may be initiated by the township board upon written request to the planning commission, or the planning commission may initiate amendments upon its own motion. Any person, firm or corporation affected by the provisions of this ordinance may initiate an amendment hereto by submitting the necessary forms, obtainable from the township, to the township planning and zoning coordinator. A rezoning traffic study prepared in accordance with section 7.05 shall be required for any applicant-proposed change to the zoning map that is either 1) inconsistent with the township's master plan, or 2) involves a request other than residential down-zoning. The petition shall be processed according to the procedures adopted by the township.

B.

An owner of land may voluntarily offer in writing and the township may approve, certain use and development of land as a condition to the approval of a rezoning consistent with the provisions of Section 405 of Public Act No. 110 of 2006 (M.C.L. 125.3405) and in accordance with the following:

1.

Procedure. Except as otherwise provided herein, the application, review, and approval of conditional rezoning requests shall follow the same procedures as established by the township board and as provided by Public Act No. 110 of 2006 (M.C.L. 125.3101 et seq.) for all rezoning requests without an offer of conditions.

A written offer of conditions may be submitted either at the time an application for rezoning is filed or at a later time during the rezoning process. An applicant may voluntarily amend or withdraw all or part of the offer of conditions at any time during the rezoning process, provided that if such amendment or withdrawal occurs subsequent to the planning commission's public hearing on the original request, the rezoning application shall be referred back to the planning commission for a new public hearing and recommendation. Notice of the public hearing shall be given as required by state law. An offer of more restrictive conditions may not require a new public hearing.

2.

Conditions. An offer of conditions submitted as part of a conditional rezoning request shall bear a reasonable and rational relationship to the property for which rezoning is requested.

3.

Approval. Upon approval of a conditional rezoning request, the applicant shall submit a formal written statement of conditions which shall be incorporated by attachment as an inseparable part of the ordinance adopted by the township board. The statement of conditions shall:

a.

Be in a form recordable with the Macomb County Register of Deeds and include a statement acknowledging that it is recorded.

b.

Contain a legal description of the land to which it pertains.

c.

Acknowledge that upon the rezoning taking effect, the use and development of the land shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by the statement of conditions.

d.

Contain a provision acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land. Any person who establishes a development or commences a use upon such land shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions.

e.

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

f.

Specify that failure to comply with any of the conditions set forth in the statement of conditions shall constitute a violation of this zoning ordinance and shall be punishable accordingly.

g.

Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the document.

4.

Recording. The approved statement of conditions shall be filed by the township clerk with the Macomb County Register of Deeds. The township board shall have the ability to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the township or to any subsequent owner of the land. Approved conditional rezonings shall be designated on the zoning map in a manner that identifies that the property is subject to a statement of conditions.

5.

Effect. The following shall apply to approved conditional rezoning requests:

a.

Unless another time period is specified in the ordinance rezoning the subject land, the approved development and/or use of land pursuant to building and other required permits must be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the township board if (1) it is demonstrated to the township board's reasonable satisfaction that there is a strong likelihood that the development and or use of will commence within the period of extension and proceed diligently thereafter to completion and (2) the township board finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

b.

If approved development and/or use of the rezoned land does not occur within the time frame specified under section 16.06.B.5.a, then the land shall revert to its former zoning classification as set forth in Section 405(2) of Public Act No. 110 of 2006 (M.C.L. 125.3405). The reversion process shall be initiated by the township board requesting that the planning commission proceed with consideration of the rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other zoning requests.

c.

When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to section 16.06.B.5.b or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the township clerk shall record with the Macomb County Register of Deeds a notice that the statement of conditions is no longer in effect.

d.

During the time period for commencement of an approved development or use specified pursuant to section 16.06.B.5.a or during any extension thereof granted by the township board, the township shall not add to or alter the conditions in the statement of conditions.

e.

The statement of conditions may be amended thereafter in the same manner as set forth in section 16.06.B.1 of this ordinance.

f.

Nothing in the statement of conditions nor in the provisions of this Section shall be deemed to prohibit the township from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this ordinance and Public Act No. 110 of 2006 (M.C.L. 125.3101 et seq.).

(Ord. No. 212.5, § 37(16.06), 7-20-1999; Ord. No. 212.71, 9-3-2007; Amend. of 10-21-2008)

The township board shall establish, by resolution, fees for each of the following:

1.

Inspection and certification. Fees for inspections and the issuance of permits or certificates, or copies thereof, required or issued under the provisions of this ordinance shall be collected by the township treasurer in advance of the issuance of such permits or certificates.

2.

Appeals and variances. Any person applying under article 16 of this ordinance in all cases shall pay the established fixed fee, plus such additional fees as may be deemed reasonable by the township board 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 township board, planning commission or the zoning board of appeals review, under the terms of this ordinance, 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 the Charter Township of Shelby Zoning Ordinance shall be accompanied by a fee payable by the petitioner. Said 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 ordinance or for the cost of special meetings of the township board, planning commission or the zoning board of appeals shall be paid by the recipient or applicant upon application for resolution or meeting.

6.

Waivers. The township board may waive payment of any fees established by resolution when it finds that the necessity for an appeal, variance and/or rezoning is the result of an error or omission by the township board in enactment of this ordinance.

(Ord. No. 212.5, § 37(16.07), 7-20-1999)

1.

No person shall use, occupy, or permit the use or occupancy of any structure or premises, or parts thereof, hereafter constructed, created, converted, or wholly or partly altered or enlarged in its structure or changes in its use or principal occupant, until a certificate of zoning compliance shall have been issued therefor by the building director, stating that the proposed use of the structure or lot conforms to the zoning classification requirements of this ordinance. A certificate of zoning compliance is not required for residential buildings and approved accessory structures incident thereto. In those instances where a building permit may not be required for activities regulated by the zoning ordinance, a zoning compliance permit shall be required for the purpose of assuring compliance with all applicable regulations contained herein.

2.

The owner or occupant of a nonconforming structure or use shall procure a certificate of zoning compliance, which shall state specifically in what respect the nonconforming use differs from the zoning classification provisions of this ordinance. Upon the effective date of this amendatory ordinance, owners or occupants of nonconforming uses or structures shall have 12 months to apply for certificates of zoning compliance. If no application is made within 12 months, it shall be presumed that the property was in conforming use at the time of this amendatory ordinance.

3.

No permit for construction, 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. An application for a certificate of zoning compliance is not required for residential buildings and the approved accessory structures thereto.

4.

A temporary certificate of zoning compliance may be issued by the building director, subject to all of the following conditions:

A.

That any temporary certificate of zoning compliance issuance shall not exceed a time period of 180 days. One 30-day extension may be granted, upon the submission of proof(s) that substantial hardship(s) exist which preclude the completion of improvements essential for the issuance of a permanent certificate of zoning compliance.

B.

A performance bond, in an amount as established by resolution of the township board, has been posted with the township treasurer, which may change from time-to-time by resolution of the township board. The bond shall be in a form acceptable to the township treasurer and shall be discharged and returned to the payor, at the time of the final certificate of zoning compliance.

C.

That upon expiration of any temporary certificate of zoning compliance and/or any lawful extension(s) granted thereto, the bond described in paragraph B. above shall be forfeited to the township if all of the required improvements have not been completed as required. The township's building department [planning and zoning coordinator] [planning director] shall use all, or any portion of, the forfeited bond money(ies) to offset actual cost(s) of any litigation necessary to obtain ordinance compliance, including ordering the actual improvements installed at or on the subject site, when expressly approved by the court having jurisdiction.

D.

That the granting of a temporary certificate of zoning compliance shall not be construed as any implied, or in fact, final or permanent approval. In all cases, the final or permanent certificate of zoning compliance shall be the document that provides closure of the project from the zoning perspective.

E.

That upon the expiration of any temporary certificate of zoning compliance and/or any lawfully granted extension thereof, proper notice shall be represented to all parties in interest; and, in the absence of the issuance of the permanent certificate of zoning compliance within 30 days after the date of said notice, the township shall initiate legal proceedings in a court of competent jurisdiction to gain ordinance compliance.

5.

The building director shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished, upon request, to any person upon payment of the cost of reproduction of same.

6.

Certificates of zoning compliance shall be issued by the building inspector on the basis of plans, applications and construction approved by the appropriate township agency, department, board or commission, and shall authorize only the use, arrangements and construction set forth in such approved plans or constructions.

7.

The township board of trustees, from time-to-time, shall, by resolution, establish a schedule of fees in connection with this ordinance and its administration and enforcement.

8.

A certificate of zoning compliance shall not be issued where any of the following conditions are found to exist:

A.

Any land, building(s) or portion(s) thereof which have any recorded violation(s) of the township's zoning ordinance shall not receive a certificate of zoning compliance.

B.

Any building(s) or portion(s) thereof which have any recorded violation(s) of the prevailing Michigan Building Code shall not receive a certificate of zoning compliance.

C.

Any, land building(s) or portion(s) thereof which have any recorded violation(s) of the township's Code of Ordinances shall not receive a certificate of zoning compliance.

Where any violation(s), as described herein are found to be of a minor nature, in the opinion of the building director, a temporary certificate of zoning compliance may be issued provided that a written agreement is submitted to the building department wherein a date certain is established for ordinance compliance. If the existing building violation(s) is not corrected by the compliance date indicated, the building director may initiate litigation to gain ordinance compliance.

(Ord. No. 212.59, 8-18-2005)

Minor buildings and uses of a temporary nature, such as but not limited to, seasonal sales, tent sales, holiday sales, on-site sales office for new development, on-site events of a house of worship, school, or nonprofit group, temporary signs, and the like may be permitted by the planning director, subject to the following standards:

1.

An application form, available from the planning and zoning department, shall be submitted along with the fee established from time-to-time by the township board.

2.

A sketch plan shall be submitted, drawn to scale, that illustrates the location of the proposed temporary minor building or use on the applicant's property.

3.

If the property in question is not owned by the applicant, a letter signed by the owner shall be submitted giving the applicant authorization to use the property for the specific period of time requested in the temporary building or use permit application.

4.

The application package shall clearly describe the nature of the temporary minor building or use and the proposed time period to be covered by the permit.

5.

The application shall indicate that the temporary minor building or use will be removed immediately upon expiration of the temporary permit for minor building or use.

6.

The application shall clearly demonstrate no potential adverse impact on adjoining properties or residences from the proposed temporary minor building or use.

7.

At the discretion of the planning director, an application for a temporary permit for minor building or use may be referred to the zoning board of appeals for their review and approval, approval with conditions, or denial, under the provisions of section 15.05.

(Ord. No. 212.5, § 37(16.08), 7-20-1999; Ord. No. 212.9, § 8, 10-17-2000)