Except where otherwise stated in this chapter, the provisions of this chapter shall be administered by the building inspector or such other officials as may be designated by the council. The building inspector shall have the power to:

(1)

Issue building permits;

(2)

Grant certificates of occupancy permits;

(3)

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

(4)

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

(Ord. of 11-1-1967, § 17.1)

No building or structure within the municipality regulated by the Michigan State Construction Code shall hereafter be erected, moved, repaired, altered or razed; nor shall any work be started to erect, move, repair or raze until a building permit shall have been obtained from the building inspector, nor shall any change be made in the use of any building or land without a building permit having been obtained from the building inspector. However, no building permit shall be required by public utilities and municipal departments for maintenance of any of their facilities, or temporary emergency construction of facilities which are necessary for the furnishing of adequate service for the general health, safety or welfare. The term "altered" and "repaired" shall include changes in structural parts, stairways, type of construction, light or ventilation, means of ingress and egress, but does not include nonstructural changes involved in the normal maintenance and upkeep of a structure. No such building permit shall be issued to erect a building or structure or make any change of use of a building or land unless it is in conformity with the provisions of this chapter, and all amendments hereto. Unless construction is started within six months after the date of issuance of a building permit, the building permit shall automatically become void and fees forfeited. The building inspector may reinstate a building permit that has become void for failure to commence construction without payment of further fees at his discretion. For those buildings and structures that are not regulated by the Michigan Construction Code but are subject to the provisions of this Zoning Ordinance, a zoning permit shall be required. Such permits shall be obtained from the building inspector. Any such improvements shall be in compliance with the requirements set forth herein. The zoning permit shall be valid for six months from the date of issuance and if work is not commenced on the project during that time the permit shall become null and void and all fees forfeited. The permit may be reinstated at the discretion of the building inspector without payment of further fees. Fees for inspection and the issuance of permits or certificates or copies required or issued under the provisions of this chapter shall be collected by the building inspector in advance of issuance. The amount of such fees shall be established by the resolution of the council.

(Ord. of 11-1-1967, § 17.2; Ord. of 10-2-2001)

The building inspector shall record all nonconforming uses existing at the date of this chapter for the purposes of carrying out the provisions of section 110-571.

(Ord. of 11-1-1967, § 17.3)

The building inspector shall require that all applications for building and/or zoning permits be accompanied by plans and specifications including a plot plan, in duplicate, drawn to scale, showing the following:

(1)

The actual shape, location and dimensions of the lot drawn to scale.

(2)

The shape, size and location of all buildings or other structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

(3)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

(4)

One copy of the plans shall be returned to the applicant by the building inspector, after he shall have marked such copy either as approved or disapproved. The second copy shall be retained in the office of the building inspector.

(Ord. of 11-1-1967, § 17.4; Ord. of 10-2-2001)

Upon the completion of the work authorized by a building permit, the holder of such permit shall seek final inspection by notifying the building inspector. The building inspector shall make such final inspection promptly.

(Ord. of 11-1-1967, § 17.5)

No land, building, structure, or its part shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such new use.

(Ord. of 11-1-1967, § 17.6)

No certificates of occupancy pursuant to the building code of the municipality shall be issued for any building, structure or its part, or for the use of any land, which is not in accordance with all the provisions of this chapter.

(Ord. of 11-1-1967, § 17.7)

No building or structure, or its parts, which is hereafter erected or altered, shall be occupied or used or the building or structure caused to be done, unless and until a certificate of occupancy shall have been issued for such building or structure.

(Ord. of 11-1-1967, § 17.8)

Certificates of occupancy as required by the building code for new buildings or structures, or its parts, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this chapter.

(Ord. of 11-1-1967, § 17.9)

Certificates of occupancy will be issued for existing buildings, structures, or its parts, or existing uses of land if, after inspection, it is found that such buildings, structures, or its parts, or such use of land are in conformity with the provisions of this chapter.

(Ord. of 11-1-1967, § 17.10)

(a)

The building official is authorized to issue a temporary certificate of occupancy, upon the written request of an applicant holding a duly issued building permit, before the completion of construction covered by the building permit, provided that such portion or portions of such construction to be occupied may be occupied safely, and subject also to the following provisions.

(b)

The building official shall set a time period during which the temporary certificate of occupancy is valid. The aforesaid time period shall be not to exceed one year, and otherwise be based upon the reasonable judgment of the building official, and reasonably based upon any professional advice the building official may seek from one or more qualified engineers, architects, builders, developers, or other persons with expertise in the area of construction deficiency or deficiencies which prohibit the issuance of a final certificate of occupancy.

(c)

As a condition of issuance of such a temporary certificate of occupancy the building official, in said building official's judgment, may require a cash bond to be posted with the city in an amount of 125 percent of the professionally estimated cost of the completion of the deficiency or deficiencies which prohibit the issuance of a final certificate of occupancy, or a cash bond to substantially assure compliance with the terms of the temporary certificate of occupancy.

(d)

The temporary certificate of occupancy shall list the construction activity which must be completed for the structure to qualify for a final certificate of occupancy, and it shall state the date upon which it shall terminate, and the amount of any bond posted.

(e)

Should the building official determine that the construction activity required in the temporary certificate of occupancy has not been satisfactorily completed within the duration of the temporary occupancy certificate, the city shall be and is authorized, at the direction of the building official, to either perform the construction activity necessary, or retain a company or companies engaged in the business of the work which must be completed to qualify the structure for a final certificate of occupancy, and the cost of such construction shall be paid from the money posted as the bond. In the event there has not been reasonable compliance, but no further construction work is feasible or practical, the city shall hold the bond amount until such time as there has been compliance in the judgment of the building official.

(f)

All terms and conditions of the temporary occupancy certificate shall be agreed to in writing by the applicant, and the applicant's signature shall be signed on the temporary occupancy certificate as accepting the terms of the said temporary occupancy certificate, including that any deficiency may be paid by the city from the applicant's bond funds, but any shortage then added to the real property tax bill of the tax parcel(s) on which the applicant's construction is being constructed.

(g)

No temporary occupancy certificate shall be in effect until the applicant has (a) accepted the terms and conditions thereof as set forth herein; and (b) paid the required bond in cash or by an irrevocable letter of credit issued by a bank acceptable to the city.

(Ord. of 11-1-1967, § 17.11; Ord. of 10-1-2002)

A record of all certificates issued shall be kept on file in the office of the building inspector, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

(Ord. of 11-1-1967, § 17.12)

Buildings accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

(Ord. of 11-1-1967, § 17.13)

Application for certificates of occupancy shall be made in writing to the building inspector on forms furnished by the department, and such certificates shall be issued if, after final inspection, it is found that the building or structure, or its part, or the use of land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant therefor shall be notified in writing of such refusal and the cause of such refusal.

(Ord. of 11-1-1967, § 17.14)

There shall be established and appointed by the council of the municipality, in accordance with Act 207 of the Public Acts of 1921, as amended, a zoning board of appeals. The board shall consist of five members; appointments shall be as follows: one member of the city planning commission whose term shall run concurrently with his or her term on said planning commission; four members, appointed to hold office for a term of three years. One member of council may serve on the board, however, that member shall not serve as chairperson. An employee or contractor of the city shall not serve on the board. Further, two alternate members may be appointed for the same term as regular members of the board. The two alternates shall be designated first alternate, if available and a vacancy, and second alternate when the first is unavailable and/or to serve when there are two vacancies. Any vacancies on the board shall be filled by the council for the unexpired term. The board shall annually elect one of its members to be its secretary. The secretary shall attend all meetings of the board and record the minutes of the proceedings of all such meetings. The city clerk shall give all notice of meetings; shall be the custodian of the official records of the board; shall cause to be maintained a record of the members of the board who are eligible to vote and the members and terms of office of each member of the board; and in general shape or form all of the duties incident to the office of city clerk and such additional duties as may be from time to time requested by the board. City council may remove a member for misfeasance, malfeasance or nonfeasance in office following a public hearing upon written charges.

(Ord. of 11-1-1967, § 18.1; Ord. of 12-21-1991; Ord. of 1-3-2001; Ord. of 11-4-2003; Ord. No. 07-114, 9-4-2007)

Meetings of the board shall be heard at the call of the chairman and at such other time as the board may determine by rule. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall adopt its own rules or procedures and shall maintain a record of its proceedings which shall be filed in the office of the clerk of the municipality and shall be a public record. No business shall be conducted by the board unless a majority of the regular members are present. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure to of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office. The fees to be charged for appeals shall be set by resolution of the council. In those instances wherein lot area and yard requirements in lots existing of record cannot be complied with and must therefore be reviewed by the board, the required fees for appeal, in whole or in part, may be refunded to the petitioner at the discretion of the board of appeals.

(Ord. of 11-1-1967, § 18.2; Ord. No. 07-114, 9-4-2007)

An appeal to the zoning board of appeals based, in whole or in part, on the provisions of this chapter may be taken by any person, firm or corporation aggrieved or by any governmental officer, department, board or bureau affected by the decision of the building inspector. Such appeal shall be taken by filing a notice of appeal with the board of zoning appeals on appropriate forms provided by the building inspector, payment of the required fee, and shall specify the grounds for such appeal. The building inspector shall transmit all papers constituting the records of such appeal to the board. The board may require the applicant to furnish such surveys, plans or other information as may be reasonably required to such board for the proper consideration of the matter. Upon a hearing before the board, any person or party may appear in person, or by agent, or by attorney. The board shall fix a reasonable time for the hearing of the appeal at least 15 days before the application will be considered for approval, and give due notice of such hearing to parties, including all owners of record of property and occupants of structures, within a radius of 300 feet of the premises in question, such notice to be delivered personally or by mail addressed to the respective owners at the addresses given in the latest assessment roll and published in a newspaper of general circulation in the City of Woodhaven, and shall decide the appeal within a reasonable time. The notice shall describe the nature of the request, identify the subject property including all existing street addresses contained in the subject property, state the time and place of the hearing on the application, and provide an address to which written comments may be sent and the deadline for receipt of such comments. The board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and, to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of the zoning board of appeals shall be necessary to reverse any order, requirement, decision or determination of the building inspector or to decide in favor of the applicant any matter upon which they are required to decide under this chapter or to effect any variation in this chapter, other than a variation pertaining to use. Any grant of a variance pertaining to uses shall require the concurring vote of two-thirds of the zoning board of appeals. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector certifies to the board of zoning appeals after notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would cause imminent peril to life and property, in which case the proceedings shall not be stayed otherwise than by a restraining order which shall be granted by the zoning board of appeals or by the circuit court on application, on notice of the building inspector and on due cause shown.

(Ord. of 11-1-1967, § 18.3; Ord. of 8-3-1976, § 1; Ord. of 6-6-2000; Ord. No. 07-114, 9-4-2007)

The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this chapter, but does have the power to act on those matters where this chapter provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and laws of the state. Such powers include:

(1)

Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the building inspector or any other administrative official in carrying out or enforcing any provisions of this chapter.

(2)

Exceptions and special approvals. To hear and decide, in accordance with the provisions of this chapter, requests for exceptions, for interpretations of the zoning map, and for decisions on special approval situations on which this chapter specifically authorizes the board to pass. Any exception or special approval permit shall be subject to such conditions as the board may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of this chapter.

(3)

Variance. To authorize, upon an appeal, a variance from the strict applications of the provisions of this chapter where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to; or exceptional undue hardship upon the owner of such property, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting a variance, the board may attach thereto such conditions regarding the location, character and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this chapter. In granting a variance, the board shall state the grounds upon which it justifies the granting of a variance.

(Ord. of 11-1-1967, § 18.4)

The board may issue the following temporary permits:

(1)

Permit the following character of use in an industrial 1 district or industrial 2 district (I-1 or I-2) for periods not to exceed ten years, with the granting of two-year renewal extensions being permissible: Commercial recreation, when such use requires substantial land area but does not require large capital investment in structures; provided, only, that if any permission is granted for a period exceeding five years, then and if it shall be necessary for the planning commission of the municipality to approve such use by a majority vote of its members elect as not impairing the carrying out of the master plan.

(2)

In other cases, the board of appeals may grant a permit for temporary buildings or uses for periods not to exceed two years.

(3)

The granting of permits under subsections (1) and (2) of this section shall be done under the following conditions:

a.

The granting of a temporary permit shall in no way constitute a change in the basic zoning district and principal uses permitted therein.

b.

The granting of the temporary permit shall be granted in writing stipulating all conditions as to time, nature of development permitted, and arrangements for removing the use at the termination of such temporary permit.

c.

All setbacks, land coverage, off-street parking, lighting and other necessary requirements to be considered in protecting the public health, safety and general welfare of the people of the municipality shall be made at the discretion of the board of appeals or planning commission as the case may be.

(4)

Carnivals: Permit a carnival, outdoor circus or migratory amusement enterprise in a B-3 district, provided that attached to the application for a permit shall be a letter of consent from the owner of the property to be used for such purpose; also an affidavit that such is located a minimum distance of 1,500 feet from any existing residence, building, school, church or hospital and a distance of 50 feet from any street or road right-of-way. The use shall be for a period not to exceed three weeks and shall be subject to a fee that will reimburse the municipality for any expense it may incur pursuant to such use.

(5)

Public utility, height and bulk exception: Permit the erection and use of a building or use of premises for public utility purposes and make exceptions therefor to the height and bulk requirements established in this chapter which such board considers necessary for the public safety and welfare.

(Ord. of 11-1-1967, § 18.5)

Each case before the zoning board of appeals shall be considered as an individual case and shall conform to the detailed application of the following standards in a manner appropriate to the particular circumstances of such case. All uses as listed in any district requiring board approval for a permit shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts and shall give consideration to the following:

(1)

The location and size of the use.

(2)

The nature and intensity of the operations involved in or conducted in connection with it.

(3)

Its size, layout and its relation to pedestrian and vehicular traffic to and from the use.

(4)

The assembly of persons in connection with it will not be hazardous to the neighborhood or be incongruous therewith or conflict with normal traffic of the neighborhood.

(5)

Taking into account, among other things, convenient routes of pedestrian traffic, particularly of children.

(6)

Vehicular turning movements in relation to routes of traffic flow, relation to street intersections, site distance and the general character and intensity of development of the neighborhood.

(7)

The location and height of buildings, the location, nature and height of walls, fences and the nature and extent of landscaping of the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair their value.

(8)

The nature, location, size and site layout of the uses shall be such that it will be a harmonious part of the district in which it is situated taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationship of one type of use to another and characteristic.

(9)

The location, size, intensity and site layout of the use shall be such that its operations will not be objectionable to nearby dwellings, by reason of noise, fumes or flash of lights to a greater degree than is normal with respect to the proximity of commercial to residential uses, nor interfere with an adequate supply of light and air, nor increase the danger of fire or otherwise endanger the public safety.

(Ord. of 11-1-1967, § 18.6)

(a)

No order of the zoning board of appeals permitting the erection or alteration of buildings shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is commenced and proceeds to completion in accordance with the terms of such permit.

(b)

No order of the zoning board of appeals permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that if the use of such permit is dependent upon the erection or alteration of building, such order shall continue in full force and effect if a building permit for such use erection or alteration is obtained within such period, and such erections or alterations are commenced and proceed to completion in accordance with terms of such permit.

(Ord. of 11-1-1967, § 18.7)

The council may, from time to time, on recommendation from the planning commission, or on its own motion, amend, supplement, modify or change this chapter, including the zoning map referred to in section 110-143 hereof, in accordance with the authority of Public Act No. 110 of 2006, as amended, (being the Michigan Zoning Enabling Act, MCL 125.3101 et seq.). The council may also amend the zoning map referred to in section 110-143 upon presentation to the planning commission of a petition by an owner of real property to be affected by the requested amendment, such petition to be accompanied by a fee. The amount of such fee shall be set by resolution of the council and shall be used to defray the expense of publishing the required notices and expense of the planning commission. Notice of such a petition shall be provided in the same manner provided in section 110-73 for zoning appeals. If a rezoning petition is received from an owner of, or which involves, real property located within the central business zoning district and/or within the boundaries of the downtown development district, the planning commission shall receive a recommendation from the board of the downtown development authority. The downtown development authority shall be notified of the request and may submit comments and/or recommendations for consideration at the required public hearing(s).

City council may hold a public hearing on any proposed zoning amendment if it considers it necessary or as may otherwise be required. Further, a public hearing shall be granted in the event a property owner requests a hearing by certified mail addressed to the city clerk. Notice of such hearing shall be provided in the same manner provided in section 110-73 for zoning appeals. Council may refer any proposed amendments to the planning commission for consideration and comment within a time period designated by council. After the public hearing, the city council shall consider and vote upon the proposed amendments to the zoning ordinance. A notice of any change in the zoning ordinance shall be published in a newspaper of general circulation in the city within 15 days after adoption, and to any airport manager who may have requested notifications of public hearings from the city clerk's office. Such notice shall include the effective date of the amendment, the time and place where a copy of the amendment may be purchased or inspected, and either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment.

(Ord. of 11-1-1967, § 19.1; Ord. of 9-20-2005; Ord. No. 07-114, 9-4-2007)

The zoning ordinance of the Village of Woodhaven previously adopted by the council and effective on April 21, 1964, and all amendments thereto, are hereby repealed. The repeal of such ordinance and its amendments does not affect or impair any act done, offense committed or right accruing, accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time enforced, prosecuted or inflicted.

(Ord. of 11-1-1967, § 19.2)

In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance other than the zoning ordinance described in section 110-102, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.

(Ord. of 11-1-1967, § 19.3)

It is hereby expressly declared that nothing in this chapter shall be held or construed to give or grant to any person any vested right, license, privilege or permit.

(Ord. of 11-1-1967, § 19.4)

Any person violating any of the provisions of this chapter shall be assessed a civil fine for a municipal civil infraction as provided in section 1-41.

(Ord. of 11-1-1967, § 19.5; Ord. No. 11-116, 9-6-2011)

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of its provisions is hereby declared to be a public nuisance per se.

(Ord. of 11-1-1967, § 19.6)

The owner of any building, structure or premises or its part, where any condition in violation of this chapter shall exist or shall be created, and any person who has assisted knowingly in the commission of such violation, shall each be liable for a separate offense and, shall be liable for the penalties provided in this division.

(Ord. of 11-1-1967, § 19.7; Ord. No. 11-116, 9-6-2011)

The rights and remedies provided in this division are cumulative and in addition to any other remedies provided by law.

(Ord. of 11-1-1967, § 19.8)