This ordinance shall be administered by the zoning administrator who shall be appointed by the mayor with the approval and consent of the city commission. Enforcement proceedings under this ordinance may be initiated by either the zoning administrator or the city police officers.

The zoning administrator shall have the power to:

a)

Issue zoning permits and certificates of occupancy.

b)

Make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this chapter.

c)

Issue and serve appearance tickets on any person with respect to any violation of this chapter where there is reasonable cause to believe that the person has committed such an offense.

d)

Maintain and keep in an orderly, accessible manner, records of all such permits and variances issued. These shall be filed at the city administration office and shall be open to public inspection.

e)

Revoke or cancel any permit in case of failure or neglect to comply with any of the provisions of this ordinance; or in case of any false statement or misrepresentation made in the application, the provisions of section 21.11, 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 and violation.

f)

Perform such other functions necessary and proper to enforce and administer the provisions of this chapter.

g)

Under no circumstances is the zoning administrator permitted to make changes in this ordinance, nor to vary the terms of this ordinance while carrying out the duties prescribed herein. It shall be the responsibility of the city council to assure that the zoning administrator enforces the provisions of this ordinance.

Before a dwelling, building, land use, or mobile home for which a building permit has been issued is occupied, a certificate of occupancy must be signed by both the city zoning administrator and the Montcalm County Building Inspector certifying that all applicable requirements of the city and county have been met. A copy of the approved certificate shall be provided to the person to whom the building permit was issued or the proposed occupant.

Except as provided for elsewhere in this section, no dwelling or building shall be erected, demolished, altered, enlarged or moved upon or from any land subject to the provisions of this chapter, nor any new use created, unless and until a permit has been properly applied for and issued by the zoning administrator or the administrator's authorized designee, whereupon the applicant may apply for the permits required by the Montcalm County Building Code. A zoning permit shall remain valid for 12 months from the date of issuance.

An application for a zoning permit shall include:

a)

A completed application form provided by the city.

b)

A description of the proposed land use and building or improvements;

c)

In the case where the current use is commercial or industrial and is not served by public sanitary sewer and the application is to change, convert, add or expand such commercial or industrial use, a statement from the Montcalm County Health Department must be submitted certifying that the present or proposed on-site septic disposal system is adequate to meet the needs of the changed, converted, added or expanded use after development.

d)

A fee as may be set by the city commission.

e)

A drawing, accurately prepared, containing the following information unless such information is not required by the zoning administrator. Permit applications for projects which require site plan review according to chapter 13 shall comply with the requirements of that chapter.

1)

North arrow.

2)

Date of site plan preparation.

3)

The actual shape, location and dimensions of the lot. A survey of the property is acceptable.

4)

The dimensions of all existing buildings and any alterations or expansions proposed.

5)

Square footage of existing buildings and proposed additions.

6)

The existing and intended use of the lot and buildings.

7)

Existing parking spaces.

8)

Existing and proposed front, rear and side yard setbacks.

9)

Adjacent streets.

10)

Location and width of existing and proposed driveways.

11)

Adjacent or on-site drainageways, wetlands or creeks.

12)

Any easements, existing or vacated.

The zoning administrator shall review the application for completeness and compliance with all applicable requirements of this zoning ordinance and other applicable city ordinances. If all requirements are met the zoning administrator shall issue the zoning permit. One copy of the zoning permit shall be returned to the owner or applicant. A performance bond may be required to ensure compliance with any imposed or proposed public improvements, requirements, specifications, and conditions.

If the application for zoning compliance permit is denied by the zoning administrator the reason or cause for denial shall be stated in writing and provided to the applicant.

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.

a)

All applications for development approval requiring a public hearing shall comply with the Michigan zoning enabling act, PA 110 of 2006 and the other provisions of this section with regard to public notification.

b)

Responsibility for public notice. The clerk or their agent shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the City of Stanton and mailed or delivered as provided in this section.

c)

Notice requirements. Notice of a public hearing for a rezoning, special land use, text amendment, planned unit development, variance, appeal, or ordinance interpretation shall be given not less than 15 days before the date of the public hearing. The notice shall be given as follows:

1)

Newspaper notice. The notice shall be published in a newspaper that circulates in the City of Stanton.

2)

Mail and personal notice. The notice shall be sent by first class mail or personal delivery to:

i.

The owner of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.

ii.

Except for rezoning requests that are proposed for 11 or more adjacent parcels, the notice shall be sent to all persons to whom property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the City of Stanton. If the name of the occupant is not known, the term "occupant" may be used in making notification.

In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. In structures containing four or fewer dwelling units, only one occupant of each unit must be given notice for a public hearing.

iii.

All neighborhood organizations, public utility companies, airports, railroads, and other persons, which have requested to receive notice pursuant to section 21.09(d), registration to receive notice by mail.

3)

Record of mailing. The clerk shall prepare an affidavit of mailing which shall include those to whom the notice was mailed and the date of mailing.

4)

Content of notice. The public notice shall:

i.

Describe nature of request. Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation or other purpose.

ii.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used, such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.

iii.

Indicate the date, time and place of the public hearing(s).

iv.

Include a statement describing when and where written comments will be received concerning the request and a statement that the public may appear at the public hearing in person or by counsel.

5)

Registration to receive notice by mail. Any neighborhood organization, public utility, company, railroad or any other person may register with the clerk to receive written notice of all applicants for planning commission approval.

The city commission may from time to time on its own motion, or on petition, or on the recommendation of the planning commission or other body affected, amend, supplement or repeal the regulations and provisions of this ordinance after public notice and hearing. Every such proposed amendment or change shall be enacted in conformance with the provisions of the zoning enabling act, Michigan Public Act 110 of 2006, as amended, and shall follow the same procedures used for the enactment of this ordinance.

a)

A violation of this ordinance shall be deemed a civil infraction. Any person, firm, corporation, or entity found violating any of the provisions of this ordinance shall, upon conviction, be subject to penalties as set forth herein.

b)

Each and every day a violation of this ordinance continues shall be a separate and distinct violation of this ordinance.

c)

The sanction for a violation of this ordinance shall be a civil fine of not less than $50.00 or more than $500.00 plus costs and other sanctions for each infraction.

d)

Increased civil fines may be imposed for repeated violations of any requirements or provisions of this ordinance. As used in the section, "repeat offense" means a second (or any subsequent) civil infraction violation of the same requirements or provisions committed within any six-month period. Unless otherwise specifically provided by this ordinance for a particular municipal civil infraction violation, the increase fine for a repeat offense shall be as follows:

1)

The fine for any offense which is a first repeat offense shall be no less than $250.00 plus costs.

2)

The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $500.00 plus costs.

3)

In addition to civil fines the court may determine costs of the action which shall not be limited to the cost taxable in ordinary civil actions and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the civil infraction up to the entry of judgment.

e)

In addition to any remedies available at law, the city may bring an action for an injunction or other process to restrain, prevent or abate any violations of this ordinance.

f)

Civil infraction procedure.

1)

Civil infraction action. Commencement of a civil infraction action may be commenced upon the issuance by the zoning administrator of a civil infraction citation directing the alleged violator to appear in court.

2)

Civil infraction citations. Civil infractions citations shall be issued and served by the zoning administrator as follows:

i.

The time of appearance specified in a citation shall be within a reasonable time after the citation is issued.

ii.

The place for appearance specified in a citation shall be the Montcalm County District Court.

iii.

Each citation shall be numbered consecutively and shall be in a form approved by the state court administrator. The original citation shall be filed with the district court. Copies of the citation shall be retained by the city and issued to the alleged violator as provided by section 8705 of Act No. 236 of the Public Act of 1961 as amended.

3)

A citation for a civil infraction signed by the zoning administrator shall be treated as made under oath if the violation alleged in the citation occurred in the presence of the zoning administrator signing the complaint and if the citation contains the following statement immediately above the date and signature of the zoning administrator: "I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief."

4)

Civil infractions citations contents.

i.

A civil infraction citation shall contain the name and address of the alleged violator, the civil infraction alleged, the place where the alleged violator shall appear in court.

ii.

The citation shall inform the alleged violator he or she may do one of the following:

a.

Admit responsibility for the civil infraction by mail, in person or by representation, at or by the time specified for appearance.

b.

Admit responsibility for the civil infraction "with explanation" by mail by the time specified for appearance or in person, or by representation.

c.

Deny responsibility for the civil infraction by doing either of the following:

(1)

Appearing, in person for an informal hearing before the judge or district court magistrate, without the opportunity of being represented by an attorney, unless a formal hearing before a judge is requested by the city.

(2)

Appearing in court for a formal hearing before the judge, with the opportunity of being represented by an attorney.

5)

The citation shall also inform the violator of all the following:

a.

That if the alleged violator desires to admit responsibility "with explanation" in person or by representation, the alleged violator must apply to the court in person, by mail, by telephone time for an appearance.

b.

That if the alleged violator desires to deny responsibility, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing, unless a hearing date is specified on the citation.

c.

That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the city.

d.

That at an informal hearing the alleged violator must appear in person before a judge with the opportunity of being represented by an attorney.

e.

The citation shall contain a notice in bold face type that the failure of the alleged violator to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is a misdemeanor and will result in entry of a default judgment against the alleged violator on the civil infraction.

Footnotes:

1)

For nonresidential uses, the minimum side setback shall be 25 feet from each side lot line.

2)

If abutting properties are zoned R-1 or the abutting property is recommended for such use in the Stanton Master Plan, the setback shall be a minimum of 50 feet from the abutting lot line for multi-family dwelling units and all other permitted and special uses except two-family dwellings.

3)

See section 8.04(c).

4)

None, except if the rear yard abuts a residential zoned parcel, the minimum setback shall be 25 feet.

5)

None, except if the building does not abut the side lot line then a five-feet setback is required. If the property abuts a residentially zoned lot, the minimum setback shall be 20 feet.

6)

If abutting properties are zoned R-1 or the abutting property is recommended for such use in the Stanton Master Plan, the setback shall be a minimum of 50 feet from the abutting lot line.

7)

If abutting properties are zoned R-1, R-M, or the abutting property is recommended for such use in the Stanton Master Plan, the setback shall be a minimum of 50 feet from the abutting lot line.