(A) Administrative duties.
(1) Land use applications. The Zoning Administrator shall receive and review zoning and land use applications for compliance or noncompliance with the provisions of this chapter, and then process the applications as follows:
(a) Land use permits. The Zoning Administrator shall review all land use permit applications and approve the land use permit when there is full compliance with this chapter.
(b) Preliminary site plans. The Zoning Administrator shall review all applications for preliminary site plan approval, and other matters that the Planning Commission is required to decide under this chapter, formulate recommendations, refer applications with recommendations to the Planning Commission for determination and notify the applicant, in writing, of any decision of the Planning Commission.
(c) Final site plans, special land uses and re-zonings. The Zoning Administrator shall review all applications for final site plan approval, special land use permits, re-zonings and other matters that the Village Council or Planning Commission is required to decide under this chapter, formulate recommendations, report to the Planning Commission with recommendations, submit to the Village Council the applications together with the recommendations of the Planning Commission and notify the applicant, in writing, of any decision of the Planning Commission or Village Council.
(d) Variances and appeals. The Zoning Administrator shall review all applications for variances and appeals, and other matters that the Zoning Board of Appeals is required to decide under this chapter, formulate recommendations, refer applications with recommendations to the Zoning Board of Appeals for determination and notify the applicant, in writing, of any decision of the Zoning Board of Appeals.
(2) Public notice. When the provisions of this chapter require a public hearing, the Zoning Administrator shall inform the Village Clerk of the date, time and substance of the public hearing and the Clerk shall provide public notice of the hearing in accordance with the standards and procedures established in division (C) below.
(3) Other administrative duties. The Zoning Administrator shall:
(a) Evaluate proposals for uses in all districts to assure compliance with provisions of this chapter;
(b) Conduct field inspections, surveys and investigations, prepare maps, charts and other materials when necessary or desirable for the administration of this chapter;
(c) Maintain an updated copy of the official zoning map, consistent with the original map to be maintained by the Village Clerk;
(d) Maintain a record of the legal nonconforming uses and structures in the village for the purpose of implementing §§ 152.415 et seq.;
(e) Maintain written records of all actions taken by the Zoning Administrator and keep custody of all records of the Planning Commission and Zoning Board of Appeals; and
(f) Provide the forms necessary for the various land use applications to the village as required by this chapter.
(B) Enforcement duties. There is vested in the Zoning Administrator the duty of enforcing this chapter and the power necessary for the enforcement. In implementing this duty, the Zoning Administrator shall conduct investigations to determine compliance or noncompliance with the provisions of this chapter, and any conditional approvals of the Planning Commission, Village Council or Zoning Board of Appeals and order correction, in writing, of all conditions found to be in violation.
(1) The written orders shall be served personally or by certified mail upon any person, firm or corporation deemed by the Zoning Administrator to be violating the provisions of this chapter. If the person, firm or corporation is not the owner of the land on, or the structure in which the violation is deemed to exist, a copy of the order shall be sent by certified mail to the owner of the land or structure. The date of mailing shall be deemed the date of service of any order served by certified mail.
(2) The written orders shall include an order to immediately cease and desist all regulated activities until the development site is brought into compliance.
(3) All violations shall be corrected within three days after the order to correct is issued or in the longer period of time, not to exceed six months, as the Zoning Administrator shall deem necessary and appropriate. A violation not corrected within this period shall be reported to the Village Attorney, who is hereby authorized to and may initiate procedures to eliminate the violation (see § 152.999). The Zoning Administrator may otherwise issue municipal civil infraction citations for any violations.
(C) Public notice. When notice of a village action is required, such notice shall comply with the Michigan Zoning Enabling Act, Public Act 110 of 2006, M.C.L.A. §§ 125.3101 et seq., the Open Meetings Act, M.C.L.A. §§ 15.261 et seq. and the provisions of this section.
(1) Responsibility. When the provisions of this section or the Michigan Zoning Enabling Act requires that public notice be provided, the Zoning Administrator or other person specifically designated by the Village Council shall be responsible for preparing the notice, having it published in a newspaper of general circulation in the village and mailed or delivered as provided in this section.
(2) Content. All required mail, personal and newspaper notices shall include the following information.
(a) Nature of the request. The notice shall identify whether the request is for a re-zoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation or other purpose.
(b) Information regarding the subject property. The notice shall provide the following information with regard to the property that is the subject of the request, herein referred to as the “subject property.” The notice shall list all existing street addresses relative to the subject property(s). Street addresses do not need to be created and listed if no such addresses currently exist relative to the subject 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 streets and/or including a map showing the location of the subject property. Street addresses do not need to be listed when 11 or more adjacent properties are proposed for a zoning amendment, or re-zoning, or when the request is for an ordinance interpretation not involving a specific property.
(c) Time and place of hearing. The notice shall indicate the date, time and place of any public hearing(s).
(d) Time and place where proposed text and maps are located. The notice shall indicate the time and place where any proposed zoning ordinance text and any maps may be examined.
(e) Written comments. The notice shall include a statement describing when and where written comments will be received concerning the request, and that the public may appear at the public hearing in person or by counsel.
(f) Handicap access. The notice shall provide information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.
(3) Publication of notice in newspaper. When notice of a public hearing is required, the Zoning Administrator shall cause such notice to be published in a newspaper of general circulation within the village not less than 15 days before the scheduled date of the public hearing.
(4) Notice by mail or personal delivery.
(a) General. When the provisions of this section or state law require that notice be provided by mail or personal delivery, such notice shall be provided as follows:
1. To the owner(s) of the subject property and to the applicant, if the applicant is different than the owner(s) of the property;
2. If real property is the subject of the notice, to all persons to whom real property is assessed within 300 feet of the subject property, and to all occupants of structures within 300 feet of the subject property, regardless of whether the property or occupant is located within the boundaries of the village;
3. Notification to owners and occupants (but not applicants) shall not be required for any zoning amendment requests involving 11 or more adjacent properties, or an ordinance interpretation request or for appeals that do not involve a specific property;
4. If the name of the occupant is not known, the term “occupant” may be used in making notification required hereunder;
5. 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 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;
6. Each gas, electric and pipeline public utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the Airport Manager of each airport that registers its name and mailing address with the Clerk of the Village for the purpose of receiving notices of public hearing; and
7. To all other individuals, organizations, firms or corporations which have registered in accordance with division (C)(4)(a)6. above.
(b) Procedures regarding notice. Notice shall be deemed mailed upon its deposit with the United States Postal Service, properly addressed and mailed first class with postage fully prepaid. The Zoning Administrator shall prepare a list of property owners, registrants and others to whom notice was mailed, as well as anyone else to whom notice was delivered otherwise than by mail.
(c) Timing. Unless otherwise provided in the Michigan Zoning Enabling Act, M.C.L.A. §§ 125.3101 et seq., notice of a public hearing shall be provided, whether via mail or in person, not less than 15 days before the scheduled date of the public hearing.
(5) Conformance to court decree. Any amendment for the purpose of conforming a provision of the Zoning Ordinance to a decree of a court of competent jurisdiction as to any specific lands may be adopted by the Village Council and the notice of the adopted amendment published without referring the amendment to any board or agency provided for under the Michigan Zoning Enabling Act, M.C.L.A. §§ 125.3101 et seq.
(Ord. 37, passed 8-28-2005; Ord. 87 ZBA, passed 3-23-2009; Ord. 139, passed 9-11-2017; Ord. 154, passed 1-11-2021)