The provisions of this chapter shall be administered by the Planning Commission, the Zoning Board of Appeals and the Township Board in conformance with applicable state enabling legislation.
(A) Responsibility. The Township Board shall employ a Zoning Administrator and/or Code Enforcement Officer to act as its officer to effect proper and adequate administration of this chapter. The term of employment, compensation and any other conditions of employment shall be established by the Township Board. For the purposes of this chapter, the Zoning Administrator and/or Code Enforcement Officer shall have the necessary powers as granted by law.
(B) Duties of Zoning Administrator and/or Code Enforcement Officer.
(1) All applications for permits or certificates shall be submitted to the Zoning Administrator who may issue certificates of occupancy or sign permits when all applicable provisions of township ordinance(s) have been met. The Zoning Administrator and/or Code Enforcement Officer shall be empowered to make inspections of buildings or premises to carry out their duties in the enforcement of this chapter.
(2) Permits for buildings requiring a sewage disposal system in areas not served by public sanitary sewer will not be issued until proper approval for an on-site sewage disposal system is received by the township from the District Health Department or other state or county agency with the authority to grant the approval.
(3) The Zoning Administrator and/or Code Enforcement Officer shall keep record of all non-conforming uses as they present themselves.
(4) Under no circumstances is the Zoning Administrator permitted to make changes in this chapter, nor to vary the terms of this chapter in carrying out their duties.
(C) Certificate of occupancy. A certificate of occupancy shall not be issued by the building official pursuant to any other ordinance or code of the township unless there is full compliance with this chapter, and any state and federal requirements.
(D) Public notice. All applications for development approval requiring a public hearing shall comply with the Zoning Act and the other provisions of this section with regard to public notification.
(1) Responsibility. When the provisions of this chapter or the Zoning Act require that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the township and mailed or delivered as provided in this section.
(2) Content. All mail, personal and newspaper notices for public hearings shall:
(a) Describe nature of the request. Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation or other purpose;
(b) Location. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as a tax parcel identification number, identifying the nearest cross street or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property;
(c) When and where the request will be considered. Indicate the date, time and place of the public hearing(s);
(d) Written comments. Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel; and
(e) Handicap access. Information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.
(3) Personal and mailed notice.
(a) General. When the provision of this chapter or state law require that personal or mailed notice be provided, notice shall be provided to:
1. The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of the property;
2. a. Except for rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property; to all persons to whom real property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the township. If the name of the occupant is not known, the term "occupant" may be used is making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The applicant shall provide the Zoning Administrator with a list of the persons along with the application.
b. All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to division (D)(4)(b) below.
3. Other governmental units or infrastructure agencies within one mile of the property involved in the application.
(b) Notice by mail/affidavit. Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The Zoning Administrator shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.
(4) Timing of notice. Unless otherwise provided in the Zoning Act, or this chapter where applicable, notice of a public hearing shall be provided as follows:
(a) For a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, appeal or ordinance interpretation: not less than 15 days before the date the application will be considered for approval; and
(b) Registration to receive notice by mail:
1. General. Any neighborhood organization, public utility company, railroad or any other person may register with the Zoning Administrator to receive written notice of all applications for development approval pursuant to division (D)(3)(a)2. above, or written notice of all applications for development approval within the zoning district in which they are located. The Zoning Administrator shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by the legislative body.
2. Requirements. The requesting party must provide the Zoning Administrator information on an official form to ensure notification can be made. All registered persons must re-register bi-annually to continue to receive notification pursuant to this section.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 14-06, passed 4-22-2014)