[Ord. No.
273, effective 8-29-1999]
A.
Scope of regulations. No structure or tract of land
shall hereafter be used or occupied, and no structure, or part thereof,
shall be erected, altered, or moved, except in conformity with the
regulations specified herein for the zoning district in which the
structure or land is located. However, where a building permit for
a building or structure has been issued in accordance with law prior
to the effective date of this chapter, or amendments thereof, and
provided construction is begun within six months of the effective
date and diligently pursued toward completion, said building or structure
may be completed in accordance with the approved plans. The applicant
may be required to provide the Township with evidence, visual or otherwise,
demonstrating to the satisfaction of the Zoning Administrator that
work is being diligently pursued. Failure to diligently work toward
completion shall result in the loss of legal nonconforming status
unless good cause for the delay is accepted at a hearing before the
Zoning Board of Appeals. Furthermore, upon completion of construction
said building may be occupied under a certificate of occupancy, as
approved by the Building Official, for the use for which the building
was originally designated, subject thereafter to the provisions of
Article 18 concerning nonconformities. Any subsequent text or map
amendments shall not affect previously issued valid permits.
B.
Minimum requirements. The provisions of this chapter
shall be held to be the minimum requirements for the promotion of
public health, safety and general welfare.
C.
Nonabrogation of other ordinances or agreements. This
chapter is not intended to abrogate or annul any ordinance, rule,
regulation, permit, easement, covenant, or other private agreement
previously adopted, issued, or entered into and not in conflict with
the provisions of this chapter. However, where the regulations of
this chapter are more restrictive or impose higher standards or requirements
than other such ordinances, rules, regulations, permits, easements,
covenants, or other private agreements, the requirements of this chapter
shall govern.
D.
Vested right. Nothing in this chapter should be interpreted
or construed to give rise to any permanent vested rights in the continuation
of any particular use, district, zoning classification, or permissible
activities therein. Furthermore, such rights as may exist through
enforcement of this chapter are hereby declared to be subject to subsequent
amendment, change or modification as may be necessary for the preservation
or protection of public health, safety, and welfare.
E.
Continued conformity with yard and bulk regulations.
The maintenance of yards and other open space and minimum lot area
legally required for a building shall be a continuing obligation of
the owner of such building or of the property on which it is located
for as long as the building is in existence.
F.
Division of lots. No lot in any zoning district shall hereafter be divided into two or more lots and no portion of any lot shall be sold unless all lots resulting from each such division or sale conform to all applicable regulations of the zoning district in which the property is located. Any division of land shall require review and approval by the Township under the provisions of § 285-19.21, Lot splits and consolidations, Chapter 238, Subdivision Control, or Chapter 71, Condominium Projects, as applicable.
G.
Unlawful buildings, structures, site designs and uses.
A building, structure, or use which was not lawfully existing at the
time of adoption or amendment of this chapter shall not become or
be made lawful solely by reason of the adoption of this chapter. To
the extent that an unlawful building, structure, or use is in conflict
with the requirements of this chapter, said building, structure, or
use remains unlawful hereunder.
H.
Voting place. The provisions of this chapter shall
not be so construed as to interfere with the temporary use of any
property as a voting place in connection with a public election.
I.
Conditions of approval. Any conditions placed upon
an approval under this chapter shall remain in effect for as long
as the approval is valid. Noncompliance with any conditions of approval
shall constitute a violation of this chapter.
A.
It shall be unlawful, without a permit, as approved
by the Zoning Division of the Community Development Department, to
erect or demolish any new building or structure, or to alter or repair
any existing building or structure, or to fill, excavate, regrade
for drainage, grub or clear-cut any lands, or dredge over or upon
waterways in the Township of Grosse Ile, including the Detroit River,
canals, and other waterways in the Township. Application for such
permits shall be made with the Community Development Department in
accordance with application rules and regulations as required and
subject to the provisions of this chapter and in particular this article
as required herein.
B.
The provisions of this chapter shall be subject to
the littoral and riparian rights of property owners. Any permit issued
hereunder does not authorize the violation of any subdivision restriction,
deed restriction or other private protective covenant as may apply
to the property, and such restrictions and covenants are only enforceable
by the property owners subject to the provisions of this chapter.
A.
Scope of requirements.
[Amended 3-10-2003 by Ord. No. 03-02]
(1)
Building permit. A building permit shall be
required prior to the erection, alteration, repair, renovation, demolition
or removal of any building or structure regulated by the Building
Code,[1] and/or the excavation, filling, grubbing, clearing or
grading of lots. The terms "altered" and "repaired" shall include
any changes in structural parts, stairways, type of construction,
type, class or kind of occupancy, light or ventilation, means of ingress
and egress, or other changes affecting or regulated by the Township
of Grosse Ile Building Code or this chapter or other applicable ordinances
of the Township of Grosse Ile.
(2)
Certificates of occupancy. No building, structure, land, or part thereof shall be used, nor shall any existing use of any building, structure, land, or part thereof be changed, unless a certificate of occupancy is first obtained for the new or different use. Temporary certificates of occupancy can be issued in accordance with Subsection C(5) of this section.
(3)
Site plan and special land use permits. Certain
uses require site plan or special land use approval under the provisions
of this chapter. No building permit shall be issued under this article
for activities requiring site plan or special land use approval until
such time as site plan approval is issued by the Planning Commission
under Article 21 and a special land use permit is issued by the Township
Board under Article 22, as applicable.
B.
Building and zoning compliance permits. The following
guidelines shall apply to the issuance of permits:
[Amended 3-10-2003 by Ord. No. 03-02]
(1)
Permit requirement. No building permit shall
be issued for the construction, moving, alteration or use of any building
or structure or part thereof regulated by the Building Code,[2] or for the use of any land, which is not in total compliance
with the Township of Grosse Ile Building Code or this chapter or other
applicable ordinances of the Township of Grosse Ile.
(2)
Zoning compliance permit. A zoning compliance
permit must be obtained for certain buildings or structures listed
below. The permit shall be approved before the building or structure
is erected, altered, moved or repaired. The permit shall only be granted
for structures that will be in conformity with this chapter and all
other applicable ordinances. Such buildings and structures include:
(3)
Valid period of permits. A building permit or zoning compliance permit issued pursuant to the provisions of this chapter shall expire one year from the date of issuance. The premises shall be inspected on that date and the applicant notified of any violations. Failure to correct violations or complete work in the time period specified by the Building Official shall constitute a violation of this chapter, subject to the penalties set forth in § 285-20.6. If construction has not been completed within the one-year time frame, the applicant may apply to the Community Development Department for a one-year extension. The application for an extension shall include a construction schedule specifying the time frame for completion of unfinished activities.
(4)
Inspection of completed work. The holder of
any building permit shall notify the Grosse Ile Building Official
upon completion of the work authorized by the permit for the necessary
inspection. If the work inspected receives approval, an application
shall be made to the Building Department for a certificate of occupancy.
All roads, driveways and pathways damaged during construction shall
be restored to their original condition. Examples include cuts in
pavement for underground utility needs, crushing damage from equipment
and similar damages caused through construction practice.
C.
Certificate of occupancy. No land, building, structure,
or part thereof shall be occupied by or for any use unless and until
a certificate of occupancy shall have been issued for such use. The
following guidelines shall apply to the issuance of certificates of
occupancy:
(1)
General requirements. A certificate of occupancy
shall be issued for a building, structure, or part thereof, or for
the use of any land, only if such building, structure, or use is fully
in accordance with the Building Code,[3] all provisions of this chapter, and all other ordinances
of the Township of Grosse Ile.
(2)
Certificate required prior to use. No building
or structure, or part thereof, which is hereafter erected or altered
shall be occupied or used unless a certificate of occupancy has been
issued. A building permit does not necessarily constitute compliance
with the requirements for a certificate of occupancy. Upon completion
of the work outlined by the permit, the premises must be inspected
and a certificate of occupancy issued.
(3)
Certificates for accessory buildings and uses.
Accessory buildings and uses shall not require a separate certificate
of occupancy but may be included in the certificate of occupancy for
the principal use, provided the accessory buildings or uses are shown
on the plan drawing and are completed at the same time as the principal
use.
(4)
Period of validity. A certificate of occupancy
shall remain in effect for the life of the building, structure, or
part thereof, or use of the land, until the use of the building, structure
or land changes. A change of use shall require a new certificate of
occupancy.
(5)
Temporary certificates. A temporary certificate
of occupancy for a portion of a building or structure in the process
of construction, erection, or alteration may be issued, provided that
such portion of the building, structure, or premises is in conformity
with the provisions of this chapter and the adopted Building Code,[4] and provided further that no threat to public safety exists. The Building Official may require that a performance guarantee be provided in accordance with § 285-20.5 as a condition of obtaining a temporary certificate. Such temporary certificate may be issued for a period not to exceed six months but may be renewed provided that construction, erection, or alteration of the remaining portion of the building or structure is proceeding without delay.
D.
Application requirements. Applications for building
permits and certificates of occupancy shall be made on forms supplied
by the Community Development Department and accompanied by such fees
as may be specified. Applications for permits shall explicitly describe
the proposed work for which authorization is requested. All applications
shall be accompanied by a plot plan drawn to scale and in sufficient
detail to enable the Building Official to determine if the proposal
is in compliance with this chapter. Accordingly, the plot plan shall,
at minimum, provide the following information:
(1)
The actual shape, location, and dimensions of
the lot and, if the lot is not a lot of record, a recorded survey,
legal description and parcel identification number;
(2)
The shape, size, and location of all buildings
or other structures to be erected, altered or moved, plus all existing
buildings and structures on the lot;
(3)
The existing and intended use of the lot and
of all structures upon it;
(4)
The location of all utilities serving the site,
including water and sanitary sewer;
(5)
All road rights-of-way, easements and driveways;
(7)
Copies of any granted variances, deed restrictions
or other restrictive covenants;
(8)
The Building Official may require a property
survey where proposed construction has the potential encroach into
required setbacks; and
(9)
Such other information concerning the lot or
adjoining lots or other matters deemed necessary for determining compliance
with the provisions of this chapter.
Any application for an amendment to this chapter, site plan review, review of a special land use proposal, building permit, certificate of occupancy, request for a variance, or other request for other action pursuant to the regulations set forth in this chapter shall be subject to and accompanied by a fee as established by resolution of the Township Board. The assessment and payment of application fees does not affect the requirements for a performance guarantee as specified in § 285-20.5 herein.
A.
Intent. To ensure compliance with the provisions of
this chapter and any conditions imposed by the Township Board, Zoning
Board of Appeals, Planning Commission or Community Development Department,
the Township may require that a performance guarantee be deposited
with the Township to ensure faithful completion of improvements.
[Amended 7-22-2002]
B.
General requirements. The performance guarantee shall
meet the following requirements:
(1)
The performance guarantee may be in the form
of a cash deposit, irrevocable letter of credit, certified check,
cash escrow, or similar instrument acceptable to the Township. If
the applicant posts a letter of credit, the credit shall require only
that the Township present the credit with a sight draft and an affidavit
signed by the Township Attorney attesting to the Township's right
to draw funds under the credit. If the applicant posts a cash escrow,
the escrow instructions shall provide that the escrow agent shall
have a legal duty to deliver the funds to the Township whenever the
Township Attorney presents an affidavit to the agent attesting to
the Township's right to receive funds, whether or not the applicant
protests that right.
(2)
The performance guarantee shall be submitted
at the time of issuance of the permit authorizing the activity or
project. The Township shall deposit the funds in an interest-bearing
account in a financial institution with which the Township regularly
conducts business.
(3)
The amount of the performance guarantee shall
be sufficient to cover the estimated cost of the improvements associated
with a project for which site plan approval is sought, or a portion
thereof as specified by the Planning Commission. The applicant shall
provide an itemized schedule of estimated costs to complete all such
improvements. The exact amount of the performance guarantee shall
be determined by the Building Official.
(4)
The entire performance guarantee, including
interest accrued, shall be returned to the applicant upon satisfactory
and timely completion of the required improvements. The applicant
may request that the performance guarantee be returned as work progresses
in reasonable proportion to the ratio of work completed on the required
improvements, provided that a minimum of 10% shall be held back on
each element until satisfactory completion of the entire project.
(5)
An amount not less than 10% of the total performance
guarantee may be retained for a period of at least one year after
installation of landscape materials to ensure proper maintenance and
replacement, if necessary. This amount shall be released to the applicant
upon certification by the Community Development Department that all
landscape materials are being maintained in good condition.
C.
Unsatisfactory completion of improvements. Whenever
required improvements are not installed or maintained in accordance
with the standards set forth in this chapter, the Township may complete
the necessary improvements itself or by contract to an independent
developer and assess all costs of completing said improvements against
the performance bond or other surety, including any interest accrued
on said bond or surety. Prior to completing said improvements, the
Township shall notify the owner, site plan review applicant and/or
other firm or individual responsible for completion of the required
improvements.
A.
Nuisance per se. Buildings erected, altered, razed
or converted or uses carried on in violation of any provision of this
chapter are hereby declared to be a nuisance per se and shall be subject
to abatement or other action by a court of appropriate jurisdiction.
B.
Violation. Any person, firm, corporation, or agent,
or any employee, contractor, or subcontractor of the same, who or
which fails to comply with any of the provisions of this chapter or
any of the regulations adopted in pursuance thereof, or who or which
impedes or interferes with the enforcement of this chapter by the
Building Official or other enforcement official, shall be deemed in
violation of this chapter.
C.
Inspection of violation. The Zoning Administrator
shall inspect each alleged violation and shall order correction, in
writing, of all conditions found to be in violation of this chapter.
The order to correct a violation shall be issued by serving personally
or by sending, by registered mail, return receipt requested, such
order to the last known address of the owner of the property upon
which the violation occurs or, when applicable, the violator. A party
who has failed to accept such registered mail shall be deemed to have
been served.
D.
Penalties. Penalties for violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-3. The provisions of Chapter 1, Article II, Municipal Civil Infractions, also apply to violations of this chapter. Each act of violation and each day during which such violation continues shall constitute a separate offense. The imposition of any sentence shall not exempt the offense from compliance with the requirements of this chapter.
[Amended 7-22-2002]
E.
Authority to pursue court action. The Township Board
or its duly authorized representative is hereby empowered to commence
and pursue any and all necessary and appropriate actions or proceedings
in the Circuit Court, or any other court having jurisdiction, to restrain
or prevent any noncompliance with or violation of any of the provisions
of this chapter and to correct, remedy, or abate such noncompliance
or violation. Any person aggrieved or adversely affected by such noncompliance
or violation may institute suit or join the Township Board in such
a suit to abate the violation.
F.
Other remedies. The rights and remedies set forth
above shall not preclude the use of other remedies provided by law,
including any additional rights of the Township to initiate proceedings
in an appropriate court of law to restrain or prevent any noncompliance
with any provisions of this chapter or to correct, remedy, or abate
such noncompliance.
G.
Rights and remedies preserved. Any failure or omission
to enforce the provisions of this chapter, and failure or omission
to prosecute any violations of this chapter, shall not constitute
a waiver of any rights and remedies provided by this chapter or by
law and shall not constitute a waiver nor prevent any further prosecution
of violations of this chapter.
A.
The Grosse Ile Township Community Development Department
or office of the Zoning Administrator shall maintain all permanent
and current records of this chapter, including, but not necessarily
limited to, all maps, amendments, variances, appeals, special land
uses, certificates of occupancy and related applications.
B.
Every rule or regulation, decision, finding of fact,
condition of approval, resolution, or other transaction of business
of the Planning Commission or Zoning Board of Appeals shall be duly
recorded and filed in the public records of the office of the Township
Clerk. A copy of any application, permit, certificate, transcript
of a public meeting, or other item of the public record may be obtained
from the appropriate Township office upon payment of copying costs.
