Silver Creek Township
City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 155.270 ZONING ADMINISTRATOR.

The provisions of this chapter shall be administered and enforced by the Zoning Administrator, or such other township official as may be designated by the Township Board by resolution, who shall be appointed by the Township Board.

(Ord. passed 7-30-2015)

§ 155.271 DUTIES OF THE ZONING ADMINISTRATOR.

(A) This chapter shall be enforced by the Zoning Administrator, Building Inspector, or such other township official as may be designated by the Township Board by resolution, who shall in no case issue any building permit, nor grant any occupancy permit where the proposed structure, alteration, or use would be in violation of any provisions of this chapter, except under written order of the Board of Appeals or a court of competent jurisdiction.

(1) The Zoning Administrator shall investigate any alleged violation of this chapter as may be discovered. If a violation is found to exist, the Zoning Administrator shall serve written notice upon the owner to cease said violation as provided by law. If said owner fails to act diligently to correct said violation and does not correct such violation within 30 days or any extension of time required by the Zoning Administrator, the township shall serve notice upon the owner and the township shall determine what method of enforcement is warranted.

(2) The Building Inspector shall inspect all new construction or alterations at the time footings are placed, when framing is underway, and at the completion of the construction or alterations authorized. The Building Inspector shall make such additional inspections deemed necessary to ensure compliance with the provisions of this chapter. The Zoning Administrator shall make periodic inspections of the township to ascertain that all the requirements of this chapter are being complied with.

(B) The Zoning Administrator and Building Inspector shall keep records of all inspections, applications, and permits issued, with a notation of all special conditions involved. They shall file with the township and safely keep copies of all plans, other than for single-family dwellings, and records of all fees submitted with applications. The same shall form a part of the records of the township and shall be available to the Township Board and all other officials of the township.

(Ord. passed 7-30-2015)

§ 155.272 ZONING COMPLIANCE AND BUILDING PERMITS.

(A) No structure or part thereof shall be constructed, reconstructed, erected, moved, enlarged, or altered, nor shall any use on any property be commenced or changed to another use, until a zoning compliance permit has been granted by the Zoning Administrator. Application for a zoning compliance permit shall be filed by the owner or an agent of the owner and it shall state the intended use of the structure and of the land. The application shall be accompanied by building plans and specifications, a plot plan, a site plan where required, and such other information as may be necessary to provide for the enforcement of this chapter.

(B) Plans shall be drawn to scale and shall show dimensions in figures. Plans shall be signed by the person preparing them and by the owner of the property or building involved. A fee as established by the Township Board from time to time to defray the costs of administration and inspections shall accompany any plans or applications for a zoning compliance or building permit.

(C) A zoning compliance permit shall only be issued if the plans and intended use conform in all respects to the provisions of this chapter and all other applicable township ordinances. All zoning compliance permits shall expire one year from their date of issuance.

(D) A zoning compliance permit shall be issued prior to the issuance of any required building permit. A copy of all approved building permits shall be sent to the Assessor.

(E) A zoning compliance permit shall not be issued until the owner provides sufficient documentation that the lot involved has been created in conformance with this chapter and/or state and township subdivision regulations and all other applicable township ordinances.

(F) Prior to issuance of a building permit for any dwelling unit, construction plans, including a plot plan, adequate to illustrate compliance with the requirements of this chapter shall be submitted to the Zoning Administrator. If the dwelling unit is a manufactured home, there shall also be submitted adequate evidence to assure that the dwelling complies with the standards applicable to manufactured homes set forth in this section.

(G) All manufactured homes shall meet the standards for manufactured home construction contained in the United States Department of Housing and Urban Development Regulations entitled “Mobile Home Construction and Safety Standards” effective June 15, 1976, as amended. All other dwellings shall meet the requirements of the construction code adopted by the township and the Michigan Construction Code for snow loading.

(H) The Zoning Administrator shall review all plans and specifications within a reasonable period of time, prior to taking appropriate action thereon.

(I) The zoning compliance permit and building permit shall be displayed at all times so as to be visible from a public street at the site where authorized action is being undertaken.

(Ord. passed 7-30-2015; amended 5- -2010)

§ 155.273 PROPERTY SURVEYS.

If the Zoning Administrator, in the performance of his or her duties under this chapter (or the Planning Commission, Zoning Board of Appeals, and Township Board pursuant to their zoning review and approval powers under this chapter), shall deem it necessary that a survey be done by a professional surveyor or engineer for property at issue (including a written drawing and stakes set on the property boundaries or corners) in order to ensure that all requirements of this chapter will be met, such survey and related information may be required by the township and shall be paid for and provided by the property owner or applicant and no building permit or other township permit(s) shall be issued or approved until and unless such survey and related information has been provided to the township.

(Ord. passed 7-30-2015)

§ 155.274 CERTIFICATE OF OCCUPANCY.

No land shall be used and no building hereafter erected or altered shall be occupied or used for any purpose until a certificate of occupancy shall have been issued by the Building Inspector stating that the premises or building complies with the provisions of approved plans and all ordinances of the township. Where any special land use or site plan review conditions are applicable, said conditions shall be stated on the certificate of occupancy. A record of all certificates of occupancy shall be kept on file in the township. A fee as established by the Township Board from time to time shall be charged for each occupancy permit. A copy shall be sent to the Township Clerk and Assessor.

(Ord. passed 7-30-2015)

§ 155.275 ZONING ORDINANCE AMENDMENTS.

(A) Initiation.

(1) An amendment to the zoning map, which is adopted as part of this code of ordinances, may be initiated by the Township Board or Planning Commission on a motion by either body, or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed, or by a person authorized in writing by the property owner to submit such application.

(2) An amendment to the text of the Zoning Ordinance may be initiated by the Township Board or Planning Commission on a motion by either body or by a verified application of any person affected by the provision requested to be changed.

(3) Any proposed use not addressed by this chapter shall be subject to the provisions of this section as an amendment to the chapter. The Township Board, upon recommendation of the Planning Commission, shall determine the appropriate district and whether the use shall be a permitted use or special land use.

(B) Procedure for changes.

(1) Applications for zoning ordinance map or text amendments shall be submitted to the Planning Commission upon forms supplied by the township, along with the following:

(a) A legal description of the property to be affected by a proposed change to the zoning map or a typewritten copy of the proposed text amendment, including specific references to the portions of the existing ordinance section and language;

(b) A drawing or map showing, at a suitable scale, the property to be changed by an amendment to the zoning map and the location of properties within 500 feet of the property affected by the amendment;

(d) Any other information which may be required by the township.

(2) Before submitting its recommendation to the Township Board, the Planning Commission shall hold at least one public hearing, notice to be given in accordance with the requirements of the Zoning Act, being M.C.L.A. §§ 125.3101 et seq.

(3) The Planning Commission shall transmit a summary of comments received at the public hearing, along with the recommendation of the Planning Commission, to the Township Board. The Township Board may hold additional hearings if it considers it necessary, in accordance with the requirements of the Zoning Act, being M.C.L.A. §§ 125.3101 et seq.

(4) In considering a recommendation for an amendment to the zoning map, the Planning Commission shall consider:

(a) All possible uses within the area requested to be re-zoned and not just those that the property owner requests;

(b) The purposes for which property in the immediate vicinity is zoned;

(d) The character of the zoning district, its particular suitability for particular uses, and the general trend and character of building and population development; and

(e) The public services available and the public services needed for the zoned use and the proposed use.

(1) Whenever a proposed zoning map or text change has been denied by the Township Board, the Planning Commission shall not reconsider a map or text change for at least one year following the date of the original application unless the Planning Commission finds that at least one of the following conditions exist:

(a) The conditions involving all of the reasons for the original denial have been significantly altered; or

(b) New conditions or circumstances exist which change the nature of the original request.

(2) If the Planning Commission has conducted a public hearing on the same application, the Planning Commission shall not process an application or conduct a hearing unless it finds that the requirements of division (C)(1)(a) or (C)(1)(b) above are satisfied.

(Ord. passed 7-30-2015; amended 4- -2010)

§ 155.276 SCHEDULE OF FEES.

(A) No action shall be taken on any application for any variance, ordinance amendment, site plan review, special land use, or any other review required by this chapter by the Township Board, Planning Commission, or Board of Appeals, unless or until fees connected with such application, as determined from time to time by the Township Board, have been paid.

(B) Where structures have begun construction or are occupied before any required approval is granted, the fees for such application approval shall be doubled. Payment of such fees shall not relieve any person from fully complying with the requirements of this chapter, nor shall it prohibit the township from pursuing the enforcement procedures and remedies provided by this chapter.

(C) The Planning Commission and/or Township Board may require the submission of a reasonable review fee which the township may use to pay for the services of a qualified attorney, engineer, planner, inspector, or other individual which the Planning Commission and/or Township Board deem necessary. Said fees shall only be used for the review of any proposal covered under the terms of this chapter. All such fees shall be held in escrow and any unused fees shall be returned to the applicant.

(Ord. passed 7-30-2015)

§ 155.277 PERFORMANCE GUARANTEES.

(A) The Planning Commission, Zoning Board of Appeals, and Township Board are empowered to require a performance bond, letter of credit or cashier’s check, or other suitable negotiable security, in an amount equal to the estimated cost of improvements associated with the project.

(B) A performance guarantee shall be deposited with the Township Clerk at the time of the issuance of the permit authorizing the activity or project to ensure faithful completion of the improvements indicated with the approved site plan; if the improvement(s) is not completed, or is partially completed, the performance bond or cashier’s check shall be forfeited in the amount necessary to complete the improvement.

(C) The township shall rebate a proportional share of cash deposits only when requested by the depositor, based on the percent of improvements completed, as attested to by the depositor and verified by the Zoning Administrator.

(D) In cases where the improvements indicated with the approved site plan have not been completed in accordance with the approval granted, the amount of the aforementioned performance guarantee may be used by the township to complete the required improvements. The balance, if any, shall be returned to the applicant.

(Ord. passed 7-30-2015)

§ 155.278 RECORDING OF MEETINGS.

The Planning Commission or Zoning Board of Appeals may video tape or otherwise record its public hearings or other meetings. A copy of the tape or recording shall be provided to any person requesting a copy. The fee for the copying shall be paid by the person requesting it. For any appeal taken of a township action by an applicant or other person, a transcription of the tape, if provided, by a certified court reporter shall be required and provided to the township at no cost by the appellant.

(Ord. passed 7-30-2015)

§ 155.279 COMPLAINTS ABOUT PHYSICAL CHANGES.

The Zoning Administrator/Building Official shall undertake the following actions with respect to complaints about physical changes made to properties within the township made by a person other than the owner.

(A) Observe the property in question;

(B) Determine whether the complaining party knows when the physical changes were made;

(C) Determine whether the complaining party has photographs or other documentary evidence as to the property prior to and after the alleged physical change;

(D) Research in the files of the Zoning and Building code office for permits;

(E) If the complaint respects an entirely new building or an addition to a building, notify the township’s Assessing Officer of the change so as to permit him or her to determine whether to adjust the assessment of the property; and

(F) Undertake an evaluation with the Township Attorney as he or she may deem necessary as to whether the complaint can be established in Cass County District Court by a preponderance of the evidence with the following considerations:

(1) Whether there is photographic and/or documentary evidence;

(2) Whether the lack of documentary evidence can establish a violation (as in the case of no permit);

(3) If it appears that the physical change occurred more than 18 months prior to the complaint, and there has been no intervening complaint, the case is likely to be dismissed for “laches”;

(4) Whether testimony as to the type and time of construction is available;

(5) If the Zoning Administrator/Building Official did not personally observe the construction, the Zoning Administrator is required by Michigan statute to request permission of the Township Attorney to issue a citation;

(6) The Zoning Administrator and Township Attorney may consult in terms of whether a Municipal Civil Infraction Violations Bureau or a court citation should be issued; and

(7) The potential for obtaining a court order establishing that the zoning violation is a nuisance per se, subject to abatement.

(G) If the complaining party requests a determination as to disposition of the complaint, the Zoning Administrator may provide such information so long as it is a public record and is not covered by the attorney-client privilege.

(Res. 19-06, passed 3-13-2019)

§ 155.999 PENALTY.

(A) Any building or structure which is erected, moved, placed, reconstructed, razed, extended, enlarged, altered, maintained, or used; or any use of a lot or land which is begun, maintained, or changed in violation of any term or provision of this chapter, is hereby declared to be a nuisance per se.

(B) (1) A violation of this chapter constitutes a municipal civil infraction. Any person who violates, disobeys, omits, neglects, or refuses to comply with any provision of this chapter, or any permit or approval issued hereunder, or any amendment thereof, or any person who knowingly or intentionally aids or abets another person in violation of this chapter, shall be in violation of this chapter and shall be responsible for a civil infraction.

(2) The civil fine for a municipal civil infraction shall be not less than $50 nor more than $100 for the first offense and not less than $200 for subsequent offenses, in the discretion of the court, in addition to all other costs, damages, expenses, and remedies provided by law.

(3) For purposes of this section, SUBSEQUENT OFFENSE means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter or similar provision of this chapter for which the person admitted responsibility or was adjudged to be responsible.

(4) Each day during which any violation continues shall be deemed a separate offense.

(D) (1) Upon notice from the Zoning Administrator, Building Inspector, or other such person as designated by resolution of the Township Board, that any use is being conducted or that any work on any building or structure is being prosecuted contrary to the provisions of this chapter or in an unsafe and dangerous manner, that work or use 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 owner’s agent, or to the person doing the work; and shall state the conditions, if any, under which the work or use will be permitted to resume.

(2) Any person who shall continue to work in or about the structure or building or use after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation of this chapter.

(E) The Township Board and/or Township Supervisor may institute injunction, mandamus, abatement, or any other appropriate action or proceedings to prevent, enjoin, abate, or remove any violation of this chapter. The rights and remedies provided herein are cumulative and in addition to all other remedies provided by law.

(F) Fines, penalties, or cost of enforcement, including reasonable attorney fees, are collectable as a judgment or may be levied against the property and collected as a property tax.