(A) Enforcement. The provisions of this chapter shall be administered and enforced by a Zoning Official designated by the Village Manager.
(B) Duties of Zoning Official.
(1) The Zoning Official shall have the power to grant zoning compliance permits, and to make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this chapter. It shall be unlawful for the Zoning Official to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he or she has inspected such plans in detail and found them to conform with this chapter.
(2) Under no circumstances is the Zoning Official permitted neither to make changes to this chapter nor to vary the terms of this chapter in carrying out his or her duties as Zoning Official.
(3) The Zoning Official shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permit.
(C) Zoning compliance permits.
(1) A zoning compliance permit shall be required prior to the erection, extension, demolition, moving, or alteration of any structure(s) or portion(s) thereof; prior to the use or change in use of a structure or land including special land use approval; prior to any proposal to fill, excavate, or grade land which causes more than a cumulative 100 cubic yards of earth to be disturbed within a six-month period; prior to any proposal to create, expand, or alter a use or structure which involves using, storing, or generating hazardous substances; or prior to clearing 25% of the trees of eight-inch caliper or greater on a site. No such zoning compliance permit shall be required for normal maintenance activities and minor repairs which do not constitute an erection, extension, demolition, or alteration of a site or building(s) as defined in § 157.191.
(2) No permit shall be granted by the Zoning Official for any purpose, except in compliance with the provisions of this chapter or, upon appeal, in compliance with an order of the Board of Appeals or the courts.
(a) Application for zoning compliance permits. Application for a zoning compliance permit shall be made to the village on such forms and in such number as required by the village by administrative directive. No application shall be accepted without the appropriate fee as established by Council.
(b) Review of the application. All applications for zoning compliance permits not requiring Planning Commission and/or Zoning Commission, as required, review of the site plan shall be granted or denied by the Zoning Official within 30 days from the receipt of the application and payment of fees. Those applications requiring site plan review by the Planning Commission and/or Zoning Commission, as required, shall be granted or denied within 60 days from receipt of the application and payment of fees. Those applications not meeting the deadlines established in this section shall be deemed approved as if they were reviewed according to this chapter. The applicants of all zoning compliance permit applications denied by whatever official or agency shall be notified by the Zoning Official in writing. The Zoning Official shall specify the provisions of this chapter with which the applications failed to comply.
(c) Site plan review and approval by the Planning Commission and/or Zoning Commission, as required, is required. Activities covered in § 157.191 require a site plan submitted to and approved by the Planning Commission and/or Zoning Commission, as required.
(d) Sketch plan. All applications for a zoning compliance permit not requiring a site plan shall be accompanied by a sketch plan, drawn to scale, showing the following:
1. The actual shape, location, and dimensions of the lot with a north arrow;
2. The shape, size, and location of all buildings or other structures already on the lot and proposed to be erected, altered, demolished, or moved. If nothing is being proposed, show only the shape, size, and location of all buildings and other structures;
3. The existing and intended use of the lot and of all such structures upon it, including residential areas, the number of dwelling units the building units the building is intended to accommodate; and
4. Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.
(e) Permit issuance; length permit valid.
1. Approved applications for zoning compliance permits shall be given a zoning compliance permit. Such permit with any conditions noted on its face, as applicable, shall be evidence that all proposed work or changes in use comply with the provisions of this chapter.
2. A zoning compliance permit shall be valid for one year from the date of issuance and for such additional time as necessary to complete the project under a valid building permit. If an applicant does not obtain a building permit within one year after issuance of a zoning compliance permit, the permit expires. The zoning compliance permit may be extended for an additional six months from the date of initial expiration by the Planning Commission and/or Zoning Commission, as required, for those permits that required a site plan review and by the Zoning Official for those permits that did not.
(D) Building Code coordination.
(1) No building permit shall be issued unless and until the Zoning Official conducts an initial site inspection and issues a zoning compliance permit for the project requiring a building permit.
(2) No certificate of occupancy noting completion of a project for which a building permit was issued shall be given unless and until the Zoning Official conducts a final inspection and issues a certificate of zoning compliance.
(E) Certificate of zoning compliance. The holder of every zoning compliance permit shall notify the Zoning Official immediately upon the completion of the work or change of use authorized by such permit for a final inspection. Upon the satisfactory completion of the work or change of use authorized as evidenced by the final inspection, the Zoning Official shall issue a certificate of zoning compliance.
(F) Fees.
(1) The purpose of fees is to cover the costs of administering this chapter. Costs include inspections, issuance of permits and certificates, public hearings, and such other oversight activities necessary to administer this chapter. The amount of any fee is predicated on the costs of providing the services. Council shall set fees accordingly and may establish escrow accounts to cover the full costs of services not known at the outset of any permit or certificate process.
(2) In no case shall the Zoning Official issue a certificate of zoning compliance to any person owing the village fees.
(G) Violations.
(1) Any violation of any provision of this chapter or any permit, license, or special approval granted hereunder, or any lawful order of the building official, Zoning Official, Zoning Board of Appeals, or the Village Council issued in pursuance of this chapter shall be a municipal civil infraction. A violation includes any act which is prohibited or made or declared to be unlawful or an offense by this chapter and any omission or failure to act where the act is required by this chapter.
(2) The sanction for any violation of this chapter which is a municipal civil infraction shall be a civil fine as provided in § 157.999(A)(2), plus any costs, damages, expenses, and other sanctions, as authorized under Public Act 327 of 1961, Ch. 87, Public Act 237 of 1961, being M.C.L.A. §§ 600.8701 et seq., as amended, and other applicable laws.
(3) The Code Compliance Officer and the Village Manager, together with police officers of the village, are the village officials authorized to issue municipal civil infraction citations and municipal civil infraction violation notices for violations of this chapter.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999