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The Community Development Director shall have the power to grant zoning compliance and occupancy permits and to make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this Zoning Code. The Director shall not 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 to this Zoning Code.
The Director shall record all nonconforming uses existing on the effective date of this Zoning Code for the purpose of carrying out the provisions of Chapter 1278.
Under no circumstances is the Director permitted to make changes to this Zoning Code, nor to vary the terms of this Zoning Code in carrying out his or her duties as Director.
The Director shall not refuse to issue a permit when conditions imposed by this Zoning Code 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.
(a) The Community Development Director shall require that all applications for building permits shall be accompanied by plans and specifications, including a site plan, in triplicate, drawn to scale, showing the following:
(b) The actual shape, location and dimensions of the lot.
(c) The shape, size and location of all buildings or other structures to be erected, altered or moved and of any building or other structure already on the lot.
(d) The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.
(e) Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this Zoning Code are being observed.
The following shall apply in the issuance of any permit:
(a) Permits Not to be Issued. No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this Zoning Code.
(b) Permits for New Use of Land. No land heretofore vacant shall hereafter be used, or an existing use of land be hereafter changed to a use of a different class or type, unless a certificate of occupancy is first obtained for the new or different use.
(c) Permits for New Use of Buildings. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.
(d) Permits Required. No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a building permit shall have been first issued for such work. 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 egress and ingress, or other changes affecting or regulated by the City of Ionia Building and Housing Code, or this Zoning Code, except for minor repairs or changes not involving any of the aforesaid features.
(1975 Code § 5.174)
(a) No land, building 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 shall apply in the issuance of any Certificate.
(b) Certificates Not to be Issued. No Certificate of Occupancy shall be issued for any building, structure or part thereof, or for the use of any land, which is not in accordance with all the provisions of this Zoning Code.
(c) Certificates Required. No building, structure or part thereof, which is hereafter erected, or altered, shall be occupied or used or the same caused to be done, unless and until a Certificate of Occupancy shall have been issued for such building or structure.
(d) Certificates Including Zoning. Certificates of Occupancy as required by the City Building Code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute Certificates of Occupancy as required by this Zoning Code.
(e) Certificates for Existing Buildings. Certificates of Occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land, if, after inspection, it is found that such buildings, structures, or parts thereof, or such use of land, are in conformity with the provisions of this Zoning Code.
(f) Record of Certificate. A record of all certificates issued shall be kept on file in the office of the Community Development Director, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.
(g) Certificates for Dwelling Accessory Buildings. Buildings or structures 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.
(h) Application for Certificates. Application for Certificates of Occupancy shall be made in writing to the Community Development Director on forms furnished by the Department, and such Certificates shall be issued within five days after receipt of such application if it is found that the building or structure, or part thereof, 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 of such refusal, and the cause thereof, within the aforesaid five-day period.
The holder of every building permit for construction, erection, alteration, repair or moving of any building, structure or part thereof, shall notify the Community Development Director immediately upon the completion of the work authorized by such permit, for a final inspection.
Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this Zoning Code may be collected by the Community Development Director in advance of issuance. The amount of such fees shall be established by resolution of the City Council and shall cover the cost of inspection and supervision resulting from enforcement of this Zoning Code.
Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed, in violation of any of the provisions of this Zoning Code, is hereby declared to be a public nuisance per se and may be abated by order of any court of competent jurisdiction.
(1975 Code § 5.206)
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