(A) Administration. The provisions of this chapter shall be administered by the Village Council in accordance with the Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 through 125.3702, and other applicable law. The Village Council shall designate or employ a Zoning Administrator to act as its officer to offer the proper administration of this chapter. The term of employment, rate of compensation, and other conditions of employment shall be established by the Village Council. For the purpose of this chapter, the Zoning Administrator shall have the powers of a police officer in the enforcement of the terms hereof within the village limits. All applications for zoning permits shall be submitted to the Zoning Administrator, who may issue zoning permits and certificates of occupancy when all applicable provisions of this chapter have been complied with. The Zoning Administrator shall be empowered to make inspections of buildings or premises to carry out his or her duties in the enforcement of this chapter. The Zoning Administrator shall record all nonconforming uses existing at the effective date of this chapter for the purpose of carrying out the provisions of § 153.086. 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 his or her duties.The Village Council shall also appoint a Planning Commission and a Zoning Board of Appeals in order to carry out the duties of the Planning Commission and Zoning Board of Appeals described herein.
(B) Zoning permits. The following shall apply in the issuance of any permit.
(1) Requirements for. Exclusive of farm service buildings specifically exempted by state law, the excavation for any building or structure shall not be commenced; erection of, addition to, alteration of, or moving of any building or structure shall not be undertaken; or any land shall not be used, or an existing use of land shall not be changed to a use of a different type or class, until a building permit or a certificate of occupancy has been secured from the Village Clerk. Except upon a written order of the Zoning Board of Appeals, no such building permit or certificate of occupancy shall be issued for any building or use of land where the construction, addition, alteration, or use thereof would be in violation of any of the provisions of this chapter.
(2) Application requirements. There shall be submitted with all applications for zoning permits one copy of a site layout or plat plan, drawn to scale, showing:
(a) The location, shape, area, and dimension of the lot;
(b) The location, dimensions, height, and bulk of the existing and/or proposed structures to be erected, altered, or moved on the lot;
(c) The intended uses;
(d) The proposed number of sleeping rooms, dwelling units, occupants, employees, customers, and other users;
(e) The yard, open space, and parking space dimensions; and
(f) Any other information deemed necessary by the Zoning Administrator to determine and provide for the enforcement of this chapter.
(3) Voiding of permit. Any permit granted under this section shall become null and void after one year from the date of granting the permit unless the development proposed shall have passed its first building inspection. Before voidance is actually declared, the Zoning Administrator shall notify the applicant of the voiding action by sending a notice to the applicant at the address indicated on the permit application at least ten days before the voidance is effective.
(4) Inspection. The development or usage proposed by any zoning permit shall be subject to two zoning inspections; one inspection before construction begins, and the other before occupancy occurs. It shall be the duty of the permit holder to notify the Zoning Administrator regarding times of inspection. Failure of the permit holder to make proper requests for inspection shall automatically cancel the permit, requiring the issuance of a new permit before construction may proceed or occupancy may be permitted.
(5) Fees. Fees for inspection and the issuance of permits or certificates required under this chapter shall be collected by the Village Clerk in advance of issuance. The amount of the fees shall be established by the Village Council and shall cover the cost of inspection and supervision resulting from the enforcement of this chapter.
(C) Certificate of occupancy. No land shall be occupied or used, and no building shall be used or changed in use, until a certificate of occupancy shall have been issued by the Zoning Administrator, stating that the building and its proposed use complies with the provisions of this chapter.
(1) Certificates for existing buildings. Certificates of occupancy may be issued upon request for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, it is found that the buildings, structures, or parts thereof, or the uses of land, are in conformity with the provisions of this chapter.
(2) Certificates for nonconforming uses. Any use or occupancy of any land or building not specifically permitted in its particular zoning district shall require the issuance of a certificate of occupancy for continued use. The certificate shall indicate the authorized use, the authority by which it is permitted, and any limiting conditions to the use.
(3) Application for certificates. Application for certificates of occupancy shall be made at the time of application for building permit or, in the case of existing buildings or uses of land, by application in writing to the Village Clerk. A certificate of occupancy applied for coincidentally with an application for a building permit shall be issued at the completion of the final inspection, and in the case of existing buildings or uses of land a certificate of occupancy shall be issued within ten days after the receipt of the application if the building, structure, or use of land is in accordance with the provisions of this chapter. If the certificate is refused for cause, the applicant shall be notified of the refusal in writing within the aforesaid ten-day period.
(4) Records of certificates. A record of all certificates issued shall be kept on file in the office of the Village Clerk and copies shall be furnished at cost upon the request of any person having a proprietary or tenancy interest in the property involved.
(D) Public hearings. All public hearings required in this chapter shall be noticed and carried out in a manner consistent with the Michigan Zoning Enabling Act and the Michigan Open Meetings Act, regardless of anything in this chapter to the contrary.
(Ord. 146, passed 3-2-1998; Ord., passed 8-10-2021) Penalty, see § 153.999