The mayor shall supervise the administration of this chapter. The planning commission shall monitor the administration of this chapter through reports from the zoning administrator. The planning commission may recommend to the village council policies and procedures to assist the zoning administrator in the administration and enforcement of this chapter. Upon adoption by the village council, the zoning administrator shall carry out the policies and procedures of this chapter.

(Ord. No. 04-07, § 1(19.01), 7-12-2004)

The mayor shall appoint a zoning administrator to act as the officer to properly and consistently administer and enforce this chapter. The village council shall establish the terms and conditions of employment. The zoning administrator shall have all power and authority granted by law and necessary to enforce this chapter, and shall, among other responsibilities, be empowered to issue appearance summons, seek legal action against alleged violations through the village attorney, and bring civil action in the name of the village against the violations of the provisions of this chapter.

(Ord. No. 04-07, § 1(19.02), 7-12-2004)

The zoning administrator shall enforce the provisions of this chapter and shall perform the following duties:

(1)

All applications for permits required by this chapter shall be submitted to the zoning administrator who shall issue permits when all applicable provisions of this chapter have been met. Permits shall be issued after due regard has been given to land restrictions and reservations of record.

(2)

The zoning administrator shall maintain files of all applications for permits and shall keep records of all permits issued. These files and records shall be open to public inspection, and copies shall be furnished, at cost, upon request.

(3)

The zoning administrator shall be empowered to make inspections of buildings or premises in order to properly carry out the enforcement of this chapter.

(4)

The zoning administrator shall keep a record of filed complaints of violations of the provisions of this chapter and of the action taken in response to each complaint.

(Ord. No. 04-07, § 1(19.03), 7-12-2004)

The planning commission shall perform the following duties:

(1)

Recommend policies and procedures to the village council for the proper administration and enforcement of this chapter.

(2)

Act on policy matters that may arise and are not covered by adopted policies or guidelines.

(3)

Conduct public hearings as required by this chapter and the Zoning Act, making specific findings and determinations on each matter upon which it is called upon to act.

(Ord. No. 04-07, § 1(19.04), 7-12-2004)

(a)

The zoning administrator is hereby authorized and directed to issue development permits in accordance with the following provisions, in addition to any other requirements contained in this chapter:

(1)

Excavation for buildings or structures shall not be commenced, the erection, addition to, structural alteration of, or moving of any building or structure shall not be undertaken, nor shall any use of land regulated by this chapter be changed to a use of a different use group or land use classification until a development permit has been obtained from the zoning administrator.

(2)

A development permit shall not be issued for those uses requiring a special land use permit as provided in this chapter, until a special land use permit and site plan review have been approved in compliance with the provisions of this chapter.

(3)

A development permit shall not be issued for those uses requiring site plan review until site plan approval is granted in accordance with the requirements of this chapter.

(4)

A sign permit granted in accordance with section 82-503(a) shall be considered a development permit.

(5)

Except upon written order of the zoning board of appeals or court order, no development permit shall be issued that would otherwise be a violation of any provision of this chapter.

(6)

An application for development permit shall be considered for approval by the zoning administrator when the application contains the following information:

a.

In the case of a permit for buildings proposed for human occupancy or required by law to have plumbing fixtures, one of the following shall be required:

1.

Report from Kent County Health Department certifying, in writing, the approval of a private sanitary sewage disposal system.

2.

A written notice of acceptance or hook-up receipt for public sanitary sewer service.

b.

When a municipal, public or private water supply system is required by law or proposed by the applicant, one of the following shall be required:

1.

A report from the Kent County Health Department certifying approval of private water supply systems.

2.

A written notice of acceptance or hook-up fee receipt for public water supply.

(Ord. No. 04-07, § 1(19.05), 7-12-2004)

The village council shall by resolution establish such fees and charges as it may require for applications, permits, reviews, and for other procedures and services related to the provisions of this chapter.

(Ord. No. 04-07, § 1(19.06), 7-12-2004)

(a)

The zoning administrator shall enforce the provisions of this chapter in cooperation with the village attorney. The village attorney shall take legal action against alleged violators of this chapter when presented sufficient evidence of violation by the zoning administrator. The police department is hereby authorized to enforce any provisions of this chapter as may be delegated to the police department by resolution of the village council.

(b)

All violations of this chapter noted by the zoning administrator and all complaints received by the village shall be recorded on a form designed for that purpose and filed in accordance with the requirements of this article. The name of the person who files a complaint with the village shall not be released without the prior consent of the complaining person.

(c)

Upon receipt of a complaint, or upon other determination of probable cause to believe that a violation may exist, the zoning administrator shall classify the violation as an active or passive violation, and shall proceed as follows:

(1)

Active violations.

a.

An active violation is a violation which involves ongoing construction, excavation, or other activities which increase the extent of the violation as time passes.

b.

All active violations shall be issued a written stop-work order which shall be posted on the site and either delivered in person or mailed to the property owner by certified mail.

c.

A stop-work order shall state the nature of the violation, the date the violation was observed, the corrective action necessary, and the penalty for continued violation.

d.

If the person responsible fails to stop all work in furtherance of the violation receipt of a stop-work order, the zoning administrator, through the village attorney, shall seek an immediate temporary restraining order from the circuit court.

(2)

Passive violations.

a.

A passive violation is a violation which does not involve ongoing construction, excavation, or other activities which increase the extent of violation as time passes.

b.

The property owner maintaining a passive violation shall be contacted in person or by mail by the zoning administrator. The zoning administrator shall explain the applicable provisions of this chapter, the nature of the violation, and the corrective action necessary to comply with this chapter.

c.

When it becomes apparent that a property owner or other party who has violated this chapter does not intend to correct the violation or intends to further violate this chapter, the zoning administrator may proceed through the village attorney with the appropriate legal action.

d.

When a property owner or other party who has violated this chapter expresses intent to correct the violation, the zoning administrator may allow a reasonable time period, not to exceed 30 days, for correction of the violation.

e.

At the end of the correction period, the zoning administrator shall make an inspection of the property to determine if the noted violations have been corrected. A record of this inspection shall be made and shall contain photographs, instrument readings, and other information necessary to establish the nature and extent of any remaining violation.

f.

If corrective action has been taken by the property owner or other person responsible for the violation, the zoning administrator shall indicate that the property is in compliance with this chapter in a letter to the property owner.

g.

If the noted violations remain and are evident in the record of formal inspection, the zoning administrator shall issue a notice of violation. The notice shall be delivered in person or by certified mail to the property owner or other person responsible for the violation and shall contain the date of the inspection, the provisions of this chapter violated, the penalties which may be imposed, and the amount of time allowed for corrective action, not to exceed 15 calendar days.

h.

At the end of this correction period, the zoning administrator shall again make and document an inspection of the property to determine whether or not the indicated corrective actions have been taken.

i.

If the violation remains, the zoning administrator shall seek appropriate legal action against the property owner or other person responsible for the violation by presenting all evidence to the village attorney.

(d)

Appearance summons. The use of an appearance summons in connection with a specific enforcement program is hereby authorized.

(e)

A person receiving a notice of violation or who is aggrieved by action taken by the zoning administrator pursuant to this chapter, may appeal the decision of the zoning administrator to the zoning board of appeals in accordance with the procedures noted in article VIII of this chapter, provided a written notice of appeal is filed within 21 working days of receipt of notice of violation.

(f)

The zoning administrator shall refuse to issue development permits to any person who has failed to take corrective action upon receipt of a notice of violation, stop-work order, or who is currently maintaining a violation of this chapter, or the Michigan Construction Code, Public Act 230 of 1977, as amended, MCLA 12.1501 et seq.

(Ord. No. 04-07, § 1(19.07), 7-12-2004)

(a)

Initiation of amendments. An amendment to this chapter may be initiated by motion of the village council, by motion of the planning commission, or by application for amendment of one or more persons having interest in property located within the jurisdiction of this chapter.

(b)

Application fee. The village council shall establish by resolution a fee to be paid in full at the time of receipt of any application to amend this chapter. Said fee shall be collected by the village clerk and no part shall be refundable to the applicant. No fee shall be charged when that applicant is a governmental body.

(c)

Application form. The planning commission shall adopt an application form for the purpose of amending this chapter. An application shall be completed and filed with the village clerk by the person or persons petitioning for the change for each parcel of land which is not contiguous to any adjacent parcel of land being proposed for the same amendment.

(d)

Application review. The zoning administrator shall review the application for completeness. Any application not properly filed or completed shall be returned to the applicant. Completed applications shall be transmitted to the planning commission.

(e)

Public hearing.

(1)

The planning commission shall hold a public hearing on the proposed amendment within a reasonable time following receipt of a completed application to amend this chapter or after the resolution initiating the change is adopted by the village council or planning commission, as the case may be.

(2)

The village clerk shall give notice of the time and place of the public hearing pursuant to the Zoning Act. An affidavit of delivery or mailing shall be maintained.

(f)

Planning commission recommendation.

(1)

In reviewing any application for an amendment to this chapter the planning commission shall identify and evaluate all factors in its view that are relevant to the application.

(2)

The matters to be considered by the planning commission shall include, but need not be limited to, the following:

a.

What, if any, identifiable conditions related to the proposed amendment have changed which justify the proposed amendment?

b.

What, if any, error was made in the ordinance which justifies the proposed amendment?

c.

What are the precedents and the possible effects of such precedent which might result from the approval or denial of the petition?

d.

What is the impact of the amendment on the ability of the village and other governmental agencies to provide adequate public services and facilities, and/or program, that might reasonably be required in the future if the proposed amendment is adopted?

e.

Does the proposed amendment adversely affect environmental conditions, or the value of the surrounding property?

f.

Does the proposed amendment generally comply with the adopted village master plan?

g.

The ability of the property in question to be put to a reasonable economic use in the zoning district in which it is presently located.

(3)

All findings of fact shall be made a part of the public records of the meetings of the planning commission. The planning commission shall transmit its findings of fact, a summary of comments received at the public hearing and its recommended action to the village council.

(g)

Consideration by the village council.

(1)

Upon receipt of a report and summary of hearing comments from the planning commission, the village may hold an additional public hearing, if it considers it necessary, or may proceed to adopt the proposed amendment.

(2)

If the village council considers further changes desirable, which are in addition to, or departures from the proposed amendment, it may first refer the matter back to the planning commission for a further report.

(3)

Approval of amendments shall require a majority vote of the village council.

(h)

Notice of adoption.

(1)

Following the adoption of the amendment by the village council one notice of adoption shall be published in a newspaper of general circulation in the village within 15 days after adoption, a copy of which shall also be mailed to the airport manager entitled to notice under the Zoning Act.

(2)

The notice shall include the following information:

a.

Either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment.

b.

The effective date of the ordinance.

c.

The place and time where a copy of the ordinance may be purchased or inspected.

(Ord. No. 04-07, § 1(19.08), 7-12-2004; Ord. No. 06-02, § 4, 8-14-2006; Ord. No. 24-02, § 21, 6-10-2024)

(a)

Buildings or structures erected, altered, raised or converted, or uses carried on in violation of this chapter or any other violation of this chapter is declared to be a nuisance per se. Upon proper petition or complaint by the village, the county circuit court shall order the nuisance abated, and the owner, occupant or agent in charge of the building, structure or property, or the owner occupant and agent, shall be adjudged guilty of maintaining a nuisance per se. In case of any action brought to abate such a nuisance, the owner, occupant and agent in charge of the parcel shall be liable to pay the village the amounts incurred by the village to bring and maintain that action including, without limitation, actual, reasonable attorneys' fees and other legal costs.

(b)

The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount provided by this Code, plus any costs, damages, expenses and other sanctions, as authorized under chapter 87 of Public Act No. 236 of 1961 (MCL 600.8701 et seq.), and other applicable laws. The village manager, any village police officer, zoning administrator, and all other individuals or agencies authorized by the village council are hereby designated as authorized village officials to issue municipal civil infraction citations as provided by this Code. The term "civil infraction" when used in this Code shall mean a municipal civil infraction, unless the context clearly indicates otherwise.

(1)

Unless otherwise specifically provided for a particular municipal civil infraction violation by this Code, the civil fine for a municipal civil infraction violation shall be $100.00, plus costs and other sanctions, for each infraction.

(2)

Increased civil fines shall be imposed for repeated violations by a person of any requirement or provision of this Code. As used in this section, the term "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provisions committed by a person within any 24-month period (unless some other period is specifically provided by this Code) and for which the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by this Code, the increased fine for a repeat offense shall be as follows:

a.

The fine for any offense which is a first repeat offense shall be $250.00, plus costs.

b.

The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be $500.00, plus costs.

(c)

Each day on which any violation of this Code continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.

(d)

Violations of this Code which are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty under this section shall be in addition to the abatement of the violating condition, any injunctive relief, or suspension or revocation of any permit, franchise or license.

(Ord. No. 04-07, § 1(19.09), 7-12-2004; Ord. No. 16-06, § 1, 10-10-2016)

(a)

As a condition of approval of a site plan review, special land use, or variance the village council, zoning administrator, or the zoning board of appeals, shall require a financial guarantee of sufficient sum to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development.

(b)

Such features or components, hereafter referred to as improvements, may include, but shall not be limited to, survey monuments and irons, streets, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.

(c)

Performance guarantees shall be processed in the following manner:

(1)

Prior to the issuance of a certificate of occupancy, the applicant shall submit an itemized estimate of the cost of the required improvements which are subject to the performance guarantee, which shall then be reviewed by the zoning administrator. The amount of the performance guarantee shall be 100 percent of the cost of purchasing of materials and installation of the required improvements, plus the cost of necessary engineering and inspection costs and a reasonable amount for contingencies.

(2)

The required performance guarantee shall be payable to the Village of Sparta and may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the village.

(3)

Upon receipt of the required performance guarantee, the zoning administrator shall issue a building permit for the subject development or activity, provided it is in compliance with all other applicable provisions of this chapter and other applicable chapters of the village.

(4)

The zoning administrator, upon the written request of the obligor, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvements.

(5)

When all of the required improvements have been completed, the obligor shall send written notice to the zoning administrator of completion of said improvements. Thereupon, the zoning administrator shall inspect all of the improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections.

(6)

If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.

(7)

A record of required performance guarantees shall be maintained by the zoning administrator.

(Ord. No. 04-07, § 1(19.10), 7-12-2004)

This chapter and the various articles, sections and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, clause or word is adjudged unconstitutional or invalid for any reason, by any court of competent jurisdiction, such invalidity shall not affect the remaining portions or applications of this chapter which can be given effect without the invalid portion or application, provided such remaining portions are not determined by the court to be inoperable.

(Ord. No. 04-07, § 1(19.11), 7-12-2004)

Where a provision of this chapter conflicts with a provision of another ordinance, the strictest provision shall prevail.

(Ord. No. 04-07, § 1(19.12), 7-12-2004)

(a)

This chapter shall not impair or affect any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time this chapter takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if this chapter had not been adopted.

(b)

Such proceedings may be consummated under and according to the chapter in force at the time such proceedings are or were commenced. All prosecution, or other actions, pending at the effective date of this chapter, or offenses or acts committed prior to the effective date of this chapter, may be continued or instituted under and in accordance with provisions of the chapter in force at the time of such offense.

(Ord. No. 04-07, § 1(19.13), 7-12-2004)

This chapter, when effective, repeals Ordinance No. 93-2 of the Code of Ordinances, Village of Sparta, and ordinances and parts of ordinances inconsistent with the provisions of this chapter are hereby repealed, as of the effective date of this chapter.

(Ord. No. 04-07, § 1(19.14), 7-12-2004)

This chapter is hereby approved at a regular meeting of the village council held on July 27, 2004, and shall be effective seven days after the publication of a notice of adoption.

(Ord. No. 04-07, § 1(19.15), 7-12-2004)