[Ord. No. Z, eff. 2-7-1974]
The provisions of this chapter shall be administered and enforced
by the Zoning Administrator.
[Ord. No. Z, eff. 2-7-1974]
(a)Â The Zoning Administrator shall be appointed by the Township Board
for such term and subject to such conditions and at such rate of compensation
as the Township Board shall determine. To be eligible for appointment
to the post of Zoning Administrator, the applicant must be:
(1)Â
Generally informed of the provisions of this chapter;
(2)Â
Have a general knowledge of the building arts and trades; and
(3)Â
Be in good health and physically capable of fulfilling the duties
of the Zoning Administrator.
(b)Â Said applicant shall have no interest whatsoever, directly or indirectly,
in the sale or manufacture of any material, process, facility or device
entering into or used in connection with building construction.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-14, eff. 4-19-1982; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-17, eff. 6-14-1985; Ord. No. Z-18, eff. 2-13-1986; Ord. No. Z-20, eff. 8-7-1988; Ord. No. Z-30, eff. 11-1-1990; Ord. No. Z-56, eff. 8-22-2006]
(a)Â Permit required. No building or structure shall be erected, moved,
placed, reconstructed, extended, enlarged or altered, except wholly
interior alterations or repairs at a cost of $100 or less, unless
a permit therefor has been issued by the Zoning Administrator. An
application for a permit shall be in writing and upon duplicate printed
forms furnished by the Township. A permit issued by the Zoning Administrator
is nontransferable and must be obtained before any work, excavations,
erection, alteration or movement is commenced. Satisfactory evidence
of ownership of the lot or premises may be required by the Zoning
Administrator and shall be furnished upon request. If the application
is approved, the Zoning Administrator shall so mark both copies of
the application over his signature and file one copy with the Township
Clerk and return the other copy to the applicant. The Zoning Administrator
shall also provide the applicant with a construction card signed by
the Zoning Administrator stating the extent of the work authorized.
This card shall be attached to and remain on the lot or premises during
the progress of the work authorized.
(b)Â Contents of application. Each application shall include such reasonable
information as may be requested by the Zoning Administrator in order
to determine compliance with the terms and provisions of this chapter
and shall include, as a minimum, the following information:
(1)Â
The location and actual dimensions of the lot or premises to
which the permit is to apply;
(2)Â
The kind of building or structures to which the permit is to
apply;
(3)Â
The width of all abutting streets and private roads;
(4)Â
The area, size and location of all buildings or structures to
which the permit is to apply;
(5)Â
The type of use to be made of the building or structure to which
the permit is to apply;
(6)Â
The use of buildings or structures on adjoining lands; and
(7)Â
The estimated cost of the building or structure.
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The Zoning Administrator, in the Zoning Administrator's discretion,
may waive the inclusion of any of the foregoing information in an
application if he shall determine that such information is not reasonably
necessary for him to determine compliance with the terms and provisions
of this chapter.
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(c)Â Accessory buildings or structures. Accessory buildings or structures,
when erected, moved, placed, reconstructed, extended, enlarged, or
altered, at the same time as the principal building on the same lot
or premises and when shown on the application for the permit for the
principal building, shall not require the issuance of a separate permit.
A separate permit shall be required if any accessory building or structure
is erected, moved, place, reconstructed, extended, enlarged or altered
separately or at a different time than the principal building on the
same lot or premises.
(d)Â Issuance of permit. Within 10 days after the receipt of any application,
the Zoning Administrator shall either issue a permit if the proposed
work is in conformance with the terms and provisions of this article,
or deny issuance of a permit and state the reason or cause for such
denial in writing. In each case the permit or the written reason or
cause for such denial shall be transmitted to the owner or his agent.
(e)Â Expiration of permits. A permit for any building or structure for
which construction work has not begun within six months from the date
of its issuance, or for which all construction work has not been completed
within one year from the date of its issuance, shall expire automatically.
A permit expiring automatically pursuant to this subsection shall,
upon reapplication, be renewable once only upon payment of an additional
fee as established by Township Board resolution. A renewed permit
shall automatically expire if construction work has not begun within
one year from the date of issuance of the original permit and shall
also expire automatically if all construction work has not been completed
within two years from the date of issuance of the original permit.
[Amended by Ord. No. 2020-001, eff. 1-27-2020
(f)Â Cancellation of permits. The Zoning Administrator shall have the
power to revoke and cancel any permit in the event of failure or neglect
to comply with all of the terms and provisions of this article or
in the event of any false statements or misrepresentations in the
application for the permit. Notice of such cancellation and revocation
shall be securely posted on the construction, such posting to be considered
as service upon and notice to the permit holder of the cancellation
and revocation of the permit.
(g)Â Fees. For each permit issued, the base permit fee established from
time to time by Township Board resolution shall be paid to the Zoning
Administrator, who shall remit to the Township treasurer. The payment
of such fee is a condition precedent to the validity of the permit.
(1)Â
The amount of the base permit fee shall be determined from the
estimated cost of the building or structure as set forth in the application
for the permit. If upon completion of the building or structure, the
Zoning Administrator shall determine that the estimated cost does
not represent a fair valuation of the cost of the structure; he shall
notify the applicant in writing of the permit deficiency and the building
or structure shall not be used until such deficiency has been paid
to the Zoning Administrator.
(2)Â
In addition, special fees shall be paid to the Zoning Administrator
as established from time to time by Township Board resolution. The
Zoning Administrator shall remit all such fees to the Township treasurer.
The payment of such fees is a condition precedent to the validity
of such permit.
(h)Â Extraordinary fees. If work is commenced to erect, move, place, reconstruct, extend, enlarge or alter a building or structure without first having attained a permit as is required by this section, then the permit fee specified in Subsection
(g) of this section shall be adjusted as follows:
(1)Â
If it is the first time that this owner has commenced the erection,
moving, placing, reconstructing, extending, enlarging or altering
of a building or structure without first having obtained a permit,
the permit fee shall be $100 or twice the amount of the permit fee
as computed pursuant to Subsection (g) of this section, whichever
is greater; and
(2)Â
If it is the second time that this owner has commenced the erection,
moving, placing, reconstruction, extending, enlarging or altering
of a building or structure without first having obtained a permit,
the permit fee shall be $250 or triple the amount of the permit fee
as computed pursuant to Subsection (g) of this section, whichever
is greater.
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If a building contractor or other agent for an owner undertakes
to obtain a permit for the owner, the imposition of extraordinary
fees pursuant to this subsection, and specifically whether it is the
first or second time that the erecting, moving, placing, reconstructing,
extending, enlarging or altering of a building or structure has been
undertaken without first obtaining a permit required therefor, shall
consider prior occurrences with respect to the owner and also prior
occurrences with respect to the building contractor or other agent.
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(i)Â The provisions of this section shall not be construed to prohibit the Township from prosecuting pursuant to Section
38-7 any failure to obtain a permit as required by this article.
[Ord. No. Z, eff. 2-7-1974]
(a)Â As work progresses under a permit, the holder thereof or his authorized
agent shall cause the Zoning Administrator to be notified at the following
stages of construction:
(1)Â
Upon completion of the footing and foundation walls.
(2)Â
Upon completion of the rough frame of the building or structure
and the electrical wiring.
(3)Â
Upon total completion of the work authorized by the permit and
before occupancy or use.
(b)Â Should the permit holder fail to comply with all of the terms and
provisions of this article at any stage of construction, the Zoning
Administrator is authorized to revoke and cancel the permit and cause
notice of such cancellation and revocation to be securely posted on
the construction, such posting to be considered as service upon and
notice to the permit holder of the cancellation and revocation of
the permit. No further work shall be undertaken or permitted upon
such construction until a new permit is issued for such work.
[Ord. No. Z, eff. 2-7-1974]
No building or structure which is erected, moved, placed, reconstructed,
extended, enlarged, or altered shall be used, in whole or in part,
until the owner thereof shall have been issued a certificate by the
Zoning Administrator affirming that such building or structure conforms
in all respects to the provisions of this article. Such certificate
shall be issued after the work is complete and final inspection has
been made.
[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-14, eff. 4-19-1982; Ord. No. 2018-1, eff. 3-23-2018]
(a)Â Where special use authorization is required by a provision of this chapter, a site plan, which is in accordance with the requirements of Division 3 of Article
II of this chapter, shall be required by the Planning Commission when reviewing the special use.
(b)Â Application for special use authorization shall be made on forms
therefor provided by the Township and shall include such supporting
materials as are reasonably necessary to evaluate the application.
Notification of receipt of a request for special use authorization
shall be given as required by the Michigan Zoning Enabling Act, PA
110 of 2006, as amended. A public hearing, with notice thereon as
required by the Michigan Zoning Enabling Act, shall be held by the
Planning Commission.
(c)Â The Planning Commission may deny, approve, or approve with conditions
the special use request. The decision on a special use shall be incorporated
in a written statement containing the conclusions relative to the
special use under consideration that specifies the basis of the decision
and any conditions imposed in conformance with the provisions of the
Michigan Zoning Enabling Act that are determined to be necessary or
appropriate.
(d)Â The Planning Commission shall review the particular circumstances
and facts of each proposed special use in terms of the following standards
and required findings, and with respect to any additional standards
set forth in the zoning districts and general provisions herein. The
Planning Commission shall find adequate evidence showing that the
proposed use on the proposed lot generally satisfies the following:
(1)Â
Will be harmonious, and in accordance with objectives, intent,
and purposes of this chapter;
(2)Â
Will be compatible with the natural environment and existing
and future land uses in the vicinity;
(3)Â
Will be compatible with the Township Master Plan;
(4)Â
Will be served adequately by essential public facilities and
services, such as, but not limited to, highways, streets, police and
fire protection, drainageways and structures, and refuse disposal,
unless the persons or agencies responsible for the establishment of
the proposed use will be able to provide adequately any such service;
(5)Â
Will not be detrimental, hazardous, or disturbing to existing
and future neighboring uses, persons, property, or the public welfare;
and
(6)Â
Will not create additional requirements at public cost for public
facilities and services that will be detrimental to the economic welfare
of the community.
[Ord. No. Z, eff. 2-7-1974]
The Township Board, the Zoning Board of Appeals, the duly authorized
attorney for the Township, the Ottawa County prosecuting attorney,
or any owners or occupants of any real estate within the Township
may institute injunction, mandamus, abatement or any other appropriate
action or proceedings to prevent, enjoin, abate or remove any violation
of this chapter. The rights and remedies provided herein are cumulative
and in addition to all other remedies provided by law.