Sparta Township City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 154.415 ZONING ADMINISTRATOR; DUTIES.
(A) This chapter shall be administered and enforced by the Zoning Administrator, who is appointed by the Township Board.
(Ord. passed 7-12-2012, § 14.1)
(B) It shall be the responsibility of the Zoning Administrator to enforce the provisions of this chapter and, in so doing, shall perform the following duties.
(1) Issue permits. All applications for zoning permits shall be submitted to the Zoning Administrator, who may issue such permits and certificates of occupancy when all applicable provisions of this chapter (and other applicable township ordinances) have been met and approval has been granted by the proper body or official.
(2) Record applications. The Zoning Administrator shall maintain and keep in an orderly, accessible manner files of all applications for all of the above permits and for variances, and shall keep records of all such permits and variances issued. These shall be filed at the township office and shall be open to public inspection. Copies shall be furnished at cost upon the request of any person having a proprietary or tenancy interest in the property involved.
(3) Inspections. 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) Cancellation of zoning permits, special use permits and variances. With proper notice given, the Zoning Administrator shall have the power to revoke or cancel any permit in case of failure or neglect to comply with any of the provisions of this chapter, or in case of any false statement or misrepresentation made in the application, the provisions of § 154.999(A) of this chapter, violations shall be invoked. Upon such revocation, all further construction activities and usage shall cease upon the site, other than for the purpose of correcting the violation.
(5) Changes. Under no circumstances is the Zoning Administrator permitted to make changes to this chapter, nor to vary the terms of this chapter while carrying out the duties prescribed herein. It shall be the responsibility of the Township Board to assure that the Zoning Administrator enforces the provisions of this chapter.
(6) Authorization. The Zoning Administrator is authorized to pursue enforcement actions that include, but are not limited to, issuing and pursuing municipal civil infraction citations/tickets.
(Ord. passed 7-12-2012, § 14.3)
§ 154.417 APPLICATION PROCEDURES FOR ZONING PERMIT.
Prior to the construction, physical development or razing of a proposed new or expanded use, structure or building, or the moving of any structure, or the restoration and structural improvement (other than normal repairs and minor improvements) of any existing use or structure, or the conversion from one use to any other use, a zoning permit shall first be obtained from the township. An application for a required zoning permit must be made to the Zoning Administrator.
(A) Contents of application. Among the information to be supplied by the applicant and that shall constitute the application package for a zoning permit, the following shall be included:
(1) Name and address of applicant or applicants;
(2) Location, shape, area and dimension of the lot, and of the proposed structure or improvement (shown on a site plan);
(3) Description of proposed use and of the building (dwelling, structure, barn, garage and the like), structure or improvement;
(4) The proposed number of sleeping rooms, dwelling units, occupants, employees, customers and other users;
(5) The yard, open space and parking space dimensions (as shown on a site plan);
(6) A site plan, where required; and
(7) In the case where the current use is commercial or industrial, not publicly-sewered and the application is to change, convert, add or expand such commercial or industrial use, a statement from the county’s Health Department must be submitted to the township certifying that the present on-site septic disposal system is adequate to meet the needs of the changed, converted, added or expanded use after development.
(B) Fee. A fee or fees as may be set by the Township Board shall accompany any plans or applications in order to defray the cost of administration and inspection.
(C) General procedural steps.
(1) Upon submission of an application, the Zoning Administrator:
(a) Reviews the application package:
1. To make sure that it is the proper application for the zoning action requested;
2. To see that all required information is submitted; and
3. To determine conformance with zoning regulations, unless waived by variance from the Zoning Board of Appeals.
(b) Takes one or more of the following preliminary actions:
1. Requests from the applicant that any omitted or pertinent and necessary information now be submitted;
2. Forwards the matter to the appropriate township commission or board for any applicable zoning review or approval; and
3. Makes a site inspection to verify accuracy of the application and to gather additional information.
(2) Upon approval of a zoning action required by a township body and of any additional requirements or conditions that may be needed, the Zoning Administrator shall approve a zoning permit, one copy of the zoning permit shall be returned to the owner or applicant. A performance bond or other security may be required to ensure compliance with any imposed or proposed public improvements, requirements, specifications and conditions.
(D) Denial of zoning permit. If the application for a zoning permit is denied by the Zoning Administrator, the reason or cause for denial shall be stated in writing.
(E) Validity. A zoning permit shall be valid for one year. A valid zoning permit is eligible for one additional one-year extension granted by the Zoning Administrator as a reasonable length of time within which to begin construction.
(F) Inspection. At least one site inspection by the Zoning Administrator must be held before development.
(Ord. passed 7-12-2012, § 14.4)
§ 154.419 APPLICATION PROCEDURES FOR CERTIFICATES OF OCCUPANCY.
(A) (1) Prior to occupying a new structure, using land in a different intensity than before, or occupying an existing structure or parcel or property with a new type of use other than what previously existed, a certificate of occupancy must be obtained from the township.
(2) The certificate of occupancy is granted after an inspection and is intended to ensure zoning compliance.
(B) The certificate of occupancy is intended to make sure that:
(1) After construction, the newly developed structure is the one that has been approved;
(2) Before occupancy, a new use is the same as the use that was approved; and
(3) Both structure and use comply with all zoning requirements and any conditions previously imposed.
(Ord. passed 7-12-2012, § 14.6)
§ 154.420 GENERAL PROCEDURAL STEPS.
(A) Upon notification by the applicant to the Zoning Administrator that the structure and/or use is ready for inspection, the Zoning Administrator:
(1) Shall contact the applicant to establish a mutually agreed upon date and time for inspection;
(2) Researches and reviews any known records relating to the site in question; and
(3) Inspects for compliance with zoning requirements and with any previously-imposed conditions.
(B) Upon inspection, the Zoning Administrator takes one of the following actions:
(1) Issues the certificates of occupancy (or refers the matter to the Building Inspector);
(2) Delays issuance subject to completion of alterations necessary to achieve full compliance and follow-up inspection; or
(3) Denies the certificate of occupancy in writing based on inspection findings of non-compliance with this chapter and initiates enforcement action pursuant to ordinance requirements.
(Ord. passed 7-12-2012, § 14.7)
§ 154.421 PERFORMANCE BONDING FOR COMPLIANCE (PERFORMANCE GUARANTEE).
(A) General. Upon authorizing any zoning permit, PUD approval, site plan approval, special use approval or variance, the body or official that administers the respective request, as designated by this chapter, may require that a cash or surety bond or irrevocable letter of credit be submitted to:
(1) Ensure compliance with any and all the requirements, specifications and conditions imposed with such permit, approval or variance; and
(2) To ensure the discontinuance of a temporary use by a stipulated time.
(B) Amount of bond. The amount of security to be submitted by the applicant to the township shall be equal to the total estimated cost of all required improvements and conditions of site plan and zoning approval, including contingencies. If development is staged or phased over time, separate security for each phase shall be submitted at the beginning of each phase as a prerequisite. All improvements and conditions shall be satisfactorily completed prior to issuance of a certificate of occupancy. However, one nine-month extension beyond issuance of a certificate of occupancy may be permitted by the Zoning Administrator.
(C) Return of performance and rebates. During project development, as specific improvements and conditions of site plan and zoning approval are satisfactorily completed, as attested to by the Zoning Administrator, the Zoning Administrator shall direct the Township Clerk to return or rebate a portion of the cash or surety bond equal to the cost of the specific improvement or condition complied with.
(D) Withholding and partial withholding of performance bonds. Upon the failure to comply with any or all of the requirements of this chapter, an approved site plan, or with any or all conditions of zoning approval, the security, or portion thereof, shall be forfeited by the applicant. The Township Board shall determine the cost of the zoning and site plan requirement to be completed according to the most current construction prices, including the cost of administration. The amount determined shall be the amount of security forfeited and applied toward zoning enforcement upon the site, and/or toward completing the necessary improvements, requirements or conditions of zoning approval upon the site.
(E) Performance bond for razing of building. The Zoning Administrator shall require a letter of credit or cash deposit prior to the razing or demolition of principal structures and accessory structures having more than 144 square feet of floor area. Said security shall be conditioned on the applicant completing the razing within such reasonable period as shall be prescribed in the permit and complying with such regulations as to health and safety as the Zoning Administrator, Fire Inspector or the Township Board might from time to time prescribe, including filling of excavation and proper termination of utility connections.
(Ord. passed 7-12-2012, § 14.8)
§ 154.422 SCHEDULE OF FEES.
(A) Except as may be provided for otherwise in this chapter, the Township Board shall determine and set fees to be collected for all applications for zoning matters and approvals. These fees shall be collected prior to the issuance of any permit or certificate, and other official action(s) required by this chapter. No application shall be considered complete until all applicable fees have been paid to the township. Furthermore, township employees and officials shall not commence work on a given zoning application or matter until any and all fees have been paid to the township in full. The fee schedule shall be adopted by resolution of the Township Board, as may be amended from time to time.
(B) In addition to regularly established fees, the Township Board, at its discretion, may also require an applicant to submit to the township, at any time during the zoning review process, an amount of money determined by the township to be a reasonable estimate of the fees and costs that may be incurred by the township in reviewing and acting upon any such application or related matters. The township shall not charge fees or assess costs to the applicant for the time expended by township employees (except when authorized under appropriate provisions of the Freedom of Information Act) or for incidental costs and expenses, but may charge or assess the applicant for all other reasonable costs and expenses incurred by the township during and in connection with the review process and other related proceedings, whether or not the application is granted either in whole or in part.
(C) Such costs and expenses to be charged or assessed to the applicant for reimbursement of the township’s reasonable costs and expenses, may include, but shall not be limited to, Township Attorney fees, township engineering fees, costs and fees for services of outside consultants, fees and expenses of other professionals who may assist the township, costs and fees for studies and reports pertaining to the matter in questions, special meeting costs and other reasonable costs and expenses. Such monies shall be retained by the township for reimbursement of such costs and expenses. Any monies, paid or deposited by an applicant, which are not used or spent by the township pursuant to an escrow fee shall be refunded.
(D) If, for some reason, the applicant does not pay, or the township does not collect, zoning escrow fees before or during the zoning review process, the township can still bill such costs and expenses to the applicant after the zoning review process has been completed and the applicant or landowner shall promptly pay/reimburse the township for the same.
(Ord. passed 7-12-2012, § 14.9)
§ 154.423 STOP WORK ORDER.
(A) Upon notice from the Zoning Administrator that any use is being conducted or that any work on any building or structure is proceeding contrary to the provisions of this chapter, such 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, to owner’s agent or to the person doing the work and shall state the conditions, if any conditions, under which work or the use will be permitted to resume.
(B) Any person who shall continue to work in or about the structure, land or building or use it after having been served with a stop work order, except work that the person is directed by the Zoning Administrator to perform to remove a violation, shall be in violation of this chapter.
(Ord. passed 7-12-2012, § 14.12)
§ 154.424 NOTICE AND HEARINGS.
Except where expressly stated otherwise in this chapter, whenever a public hearing on a zoning application or matter is required by this chapter or by the Zoning Act (for example, where a rezoning, ordinance amendment, special use, PUD or ZBA matter is involved), notice of the public hearing shall be published and delivered in accordance with the requirements of this section and the Zoning Act.
(A) The notice of public hearing shall be published once, at least 15 days prior to the date of the public hearing, in a newspaper of general circulation in the township.
(B) (1) For applications involving the rezoning of ten or fewer adjacent properties; for applications to the ZBA; and for all planned unit development and special use applications, a notice of public hearing shall be mailed by way of U.S. first class mail or be personally delivered to the following persons, at least 15 days prior to the date of the public hearing:
(a) The applicant;
(b) All persons to whom real property is assessed for property tax purposes within 300 feet of the property that is the subject to the application;
(c) The occupants of all dwellings within 300 feet of the property that is the subject of the application; and
(d) All neighborhood organizations, public utility companies, railroads and other persons that have requested to receive notice.
(2) If the above-described 300-foot radius extends outside of the township’s boundaries, then notice must also be provided outside of the township boundaries, within the 300-foot radius, to all persons in the above-stated categories.
(C) The notice of public hearing shall include the following information:
(1) A description of the nature of the application or request;
(2) An identification of the property that is the subject of the application or request. The notice shall also include a listing of all existing street addresses within the property; provided, however, that, street addresses do not need to be created and listed if no such addresses currently exist within the property; and, provided further that, street addresses do not need to be listed if 11 or more adjacent properties are being proposed for rezoning;
(3) A statement of where and when the application or request will be considered; and
(4) Indicate where and when written comments will be received concerning the application or request.
(Ord. passed 7-12-2012, § 14.13)
§ 154.425 TIME LIMITS.
If a zoning approval or permit under this chapter has been granted with a specific time limit and the use has not commenced or substantial construction has not begun pursuant to that approval within the time limit specified, the zoning approval or permit shall automatically expire (and be void) at the end of that time limit. If a zoning approval or permit is silent with regard to a time limitation, the time limitation shall be deemed to be one year, and the zoning approval or permit shall expire (and be void) after one year if the use has not been commenced or substantial construction has not begun within said one-year time limitation. The Zoning Administrator may grant a time extension (at the discretion of the Zoning Administrator) of up to one year in total.
(Ord. passed 7-12-2012, § 14.14)
§ 154.426 PROOF OF OWNERSHIP.
The Zoning Administrator or Building Inspector may require proof of ownership from an applicant (including copies of a recorded deed or land contract) before the issuance of a zoning compliance permit or a building permit if it appears that the applicant may not be the owner (or sole owner) of the property involved. The township may also require that all owners of a particular property join in and sign the application or applications for any zoning or building request or application, including a building permit, variances, special use requests, site plan review, zoning compliance permits and any other zoning or Building Code action.
(Ord. passed 7-12-2012, § 14.15)
§ 154.427 SURVEYS.
The Zoning Administrator or Building Inspector shall have the authority to require that an applicant or property owner provide the township with a current survey by a registered surveyor or engineer for one or more boundary or property lines of the lot or parcel involved (including providing a sealed survey drawing by such professional surveyor or engineer and with property boundaries staked by such professional) if the Zoning Administrator or Building Inspector determines that it is reasonably necessary in order for the township to determine whether the zoning setback, area and other applicable requirements are met. The Zoning Administrator or Building Inspector may also require that the professional surveyor or engineer place stakes at specified relevant areas along the property line(s) and any setback lines or building envelopes. All such surveying costs shall be paid for by the applicant or property owner.
(Ord. passed 7-12-2012, § 14.16)
§ 154.428 REVOCATION OR TERMINATION OF ZONING APPROVALS.
If a property owner or applicant violates any of the conditions or requirements attached to a zoning approval or zoning compliance permit, then the township body, board or official that granted the zoning approval or permit may terminate the zoning approval or zoning compliance permit. Where a special use, PUD, variance or site plan approval was involved, no such revocation shall occur until and unless the property owner or applicant has been given reasonable notice and a public hearing has been held regarding the revocation.
(Ord. passed 7-12-2012, § 14.17)
§ 154.429 AMENDMENTS.
The Township Board may from time to time on its own motion or on petition or on recommendation of the Planning Commission or other body affected, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearing. Every such proposed amendment or change shall be enacted in conformance with the provisions of the Zoning Act, being M.C.L.A. §§ 125.3101 et seq., as amended, and shall follow the same procedures used for the enforcement of this chapter.
(Ord. passed 7-12-2012, § 16.1)