The purpose of this article is to provide for the organization of personnel and procedures for the administration of this chapter, including the submittal and review of land use and development plans, issuance of land and structural use zoning permits, inspections of properties for compliance with the Zoning Map and regulations, establishment and collection of permit fees, handling of violators and enforcement of the provisions of this chapter and any amendments to it.
A. 
The provisions of this chapter shall be administered by the Village Council, Planning Commission, Zoning Board of Appeals, and such personnel as designated by the Village Council in accordance with Michigan Public Act 33 of 2008, as amended, Michigan Public Act 110 of 2006, as amended,[1] and this chapter.
[1]
Editor's Note: See MCL 125.3801 et seq. (Michigan Planning Enabling Act) and MCL 125.3101 et seq. (Michigan Zoning Enabling Act), respectively.
B. 
The Village Council shall employ a Zoning Administrator who shall act as the officer responsible to carry out the administration and enforcement of this chapter, except as otherwise provided in this chapter. The person selected, the terms of employment and the rate of compensation shall be established by the Village Council.
The Village Council shall have the following responsibilities and authority pursuant to this chapter:
A. 
Adoption of Zoning Ordinance and amendments. In accordance with the intent and purposes expressed in the Preamble of Ordinance No. 2010-80, and pursuant to the authority conferred by Michigan Public Act 110 of 2006, as amended, the Village Council shall have the authority to adopt this chapter and any amendments to this chapter which have been previously considered by the Planning Commission or at a hearing, or as decreed by a court of competent jurisdiction.
B. 
Review and approval of plans. Village Council review and approval shall be required for all site plans, in accordance with Article XIII. Village Council review and approval shall be required for all special land uses, in accordance with Article XII. Village Council review and approval shall be required for all planned unit developments, in accordance with Article X. Village Council review and approval shall be required for all site condominiums in accordance with Article IX.
C. 
Setting of fees. The Village Council shall, by resolution, have the authority to set all fees for permits, applications, and requests for action pursuant to the regulations set forth in this chapter. In the absence of specific action taken by the Village Council to set a fee for a specific permit or application, the appropriate Village administrative official shall assess the fee based on the estimated costs of processing and reviewing the permit or application.
D. 
Approval of Planning Commission members. In accordance with Michigan Public Act 33 of 2008, as amended, members of the Planning Commission shall be appointed by the Village President with approval of the Village Council.
A. 
Creation. The Village Planning Commission is created pursuant to Michigan Public Act 33 of 2008, as amended. The Planning Commission shall have all the powers and duties for zoning commissions created pursuant to Michigan Public Act 110 of 2006, as amended.
B. 
Jurisdiction. The Planning Commission shall discharge the following duties pursuant to this chapter:
(1) 
Zoning Ordinance. The Planning Commission is hereby designated as the commission specified in Michigan Public Act 110 of 2006, as amended, and shall perform the zoning duties of said commission as provided in the statute. The Planning Commission shall be responsible for formulation of the Zoning Ordinance and formulation, review, and recommendation of amendments to the Zoning Ordinance; holding hearings on a proposed Zoning Ordinance or amendments thereto; and reporting its findings and recommendations concerning the Zoning Ordinance or amendments to Village Council.
(2) 
Site plan review. The Planning Commission shall be responsible for reviewing all applications for site plan approval in accordance with Article XIII and making a recommendation to the Village Council to grant approval, grant approval subject to conditions, or deny the application for site plan approval.
(3) 
Special land use review. The Planning Commission shall be responsible for holding hearings and review of all applications for special land use approval in accordance with Article XII and making a recommendation to the Village Council to grant approval, grant approval subject to conditions, or deny the application for special land use approval.
(4) 
Planned unit development review. The Planning Commission shall be responsible for holding hearings and review of all applications for planned unit development approval in accordance with Article X and making a recommendation to the Village Council to grant approval, grant approval subject to conditions, or deny the application for planned unit development approval.
(5) 
Master Plan. The Planning Commission is hereby designated as the commission specified in Michigan Public Act 33 of 2008, as amended, and shall perform the planning duties of said commission as provided in the statute.
(6) 
Review of matters referred by the Village Council. The Planning Commission shall be responsible for review of plats and other matters relating to land development referred to it by the Village Council. The Planning Commission shall recommend appropriate regulations and action on such matters.
(7) 
Report on operation of the Zoning Ordinance. In accordance with Michigan Public Act 110 of 2006, as amended, the Planning Commission shall at least once per year prepare for the Village Council a report on the administration and enforcement of the Zoning Ordinance, including recommendations as to the enactment of amendments or supplements to the Zoning Ordinance.
[1]
Editor's Note: See also Ch. 60, Planning Commission.
A. 
The Zoning Administrator shall receive and review all applications for zoning permits and approve or deny such applications based on compliance with the provisions of this chapter and shall approve issuance of the permit, if the use and the requirements of this chapter are met.
B. 
The Zoning Administrator shall assist the Village Council and the Zoning Board of Appeals in the processing and administering of all zoning appeals and variances, special uses and planned unit development applications and amendments to this chapter.
C. 
The Village Clerk with the assistance of the Zoning Administrator shall be responsible to update the Zoning Map and keep it current.
D. 
The Zoning Administrator shall prepare and submit to the Village Council a written record of all zoning and building permits issued during each month. The record shall state the owner's name, location of property, intended use and estimated cost of construction for each permit. In addition, the Zoning Administrator shall notify the Council member in charge of building and zoning at the time of issuance of the permit as well as when any problems arise.
E. 
The Zoning Administrator shall maintain written records of all actions taken by the Zoning Administrator.
A. 
Permit required.
(1) 
The following actions shall not commence until a zoning permit has been issued by the Zoning Administrator:
(a) 
The excavation, alteration, or filling of land.
(b) 
The new use or change in use of land.
(c) 
The new use or change in use of an existing building or structure.
(d) 
Construction or expansion of a structure, including accessory structures and parking lots.
(2) 
Except upon a written order of the Zoning Board of Appeals, no zoning permit shall be issued for any building or structure where the construction, addition, alteration or use thereof would be in violation of any of the provisions of this chapter.
(3) 
No building permit shall be issued until the Zoning Administrator has determined that the building, structure, or use of land, if constructed or used as planned and proposed, will conform to the provisions of this chapter, as evidenced by issuance of a zoning permit.
(4) 
Accessory buildings being constructed, expanded, or otherwise modified in a manner requiring a zoning permit at the same time as the principal structure or other accessory buildings shall require separate zoning permits if they are detached and separate accessory buildings. However, where applicable, required documentation can be combined.
B. 
Application requirements.
(1) 
Application for a zoning permit shall be submitted at least 10 days prior to a contemplated new use or change of use of a building or land. Application for a zoning permit shall be made in writing to the Zoning Administrator, signed by the person, firm, copartnership, or corporation requesting the same or by the duly authorized agent of such person, firm, copartnership or corporation. For those uses requiring a site plan, the Zoning Administrator shall not issue a zoning permit until the provisions of Article XIII have been satisfied.
(2) 
For those uses not requiring a site plan, there shall be submitted to the Zoning Administrator, with all applications for zoning permits, two copies of a plot plan, in accordance with § 450-101.
C. 
Evidence of ownership. All applicants for zoning permits shall have available for the Zoning Administrator's inspection evidence of ownership of all property affected by the permit and shall submit the same upon the request of the Zoning Administrator.
D. 
Revocation of permit. The applicant shall be notified in writing of the revocation of a permit within 10 working days of such action by the Zoning Administrator. The reasons for the action shall be provided in the written notice. Any permit issued under the provisions of this chapter may be revoked by the Zoning Administrator if the permit holder has:
(1) 
Made false or fraudulent statement in the application or exercise of a permit.
(2) 
Violated, or failed to satisfy, any of the provisions of this chapter or any condition of approval.
(3) 
Performed work or used materials that do not conform to the approved plans or specifications.
(4) 
Caused, created or maintained, in the exercise of a permit, a nuisance or danger to the public health, safety or welfare.
E. 
Application fee. A fee in accordance with the duly adopted schedule of fees shall be paid to the Zoning Administrator at the time of filing the application for zoning permit. The purpose of the fee is to cover any necessary administrative and inspection costs incurred in connection with the application.
F. 
Zoning inspections. It shall be the duty of the holder of every permit to notify the Zoning Administrator of the time when the work subject to the permit is ready for inspection. It shall be the duty of the Zoning Administrator to inspect work performed under an approved permit to verify compliance with the provisions of this chapter.
G. 
Issuance of a permit. Within 10 days after the receipt of any application, the Zoning Administrator shall either issue a permit if the proposed work is in conformance with the terms and provisions of this chapter or deny issuance of a permit and state the reason(s) or cause(s) for such denial in writing. In each case the permit or the written reason(s) or causes(s) for denial shall be transmitted to the owner or his agent.
H. 
Duration of permit.
(1) 
A permit issued by the Zoning Administrator shall expire six months following the date of issuance. If work is not commenced at the conclusion of the six-month period, the applicant may apply for a ninety-day extension from the Zoning Administrator, which shall begin upon expiration of the original permit. The applicant must apply for the extension no more than 10 days after the permit expires. The Zoning Administrator may grant one such extension per permit.
(2) 
To be granted an extension, the applicant must demonstrate that progress has been made, and that work will continue diligently to conclusion. An acceptable explanation as to why the original construction period was insufficient must also be provided.
I. 
Availability of record. The Zoning Administrator shall keep a record of zoning permits on file with the Village Clerk.
Any building or structure, including mobile homes, which is erected, constructed, reconstructed, altered, converted, maintained or changed in violation of any provision of this chapter is hereby declared to be a nuisance per se, a violation of this chapter and subject to the penalties of it.
A. 
The violation of any provision of this chapter by any person, firm, or corporation, or agent, employee, contractor, or subcontractor of the same, or anyone else acting on behalf of said person, firm, or corporation, shall be a municipal civil infraction as provided by Chapter 35, Municipal Civil Infractions, of the Village Code. Any person, firm, or corporation, or agent, employee, contractor, or subcontractor of the same, or anyone else acting on behalf of said person, firm, or corporation, responsible for a violation of this chapter shall also be subject to civil proceedings for fines pursuant to the fee schedule in Chapter 35, damages and/or injunctive relief by the Village. Commencement of any such civil proceedings shall not be construed or considered an election of remedies under this section; rather shall be in addition to any other remedy provided by law. In addition to the foregoing the following shall also apply:
(1) 
The imposition of any fines, costs, damages, or other sanction shall not exempt the offender from compliance with the requirements of this chapter.
(2) 
Any violation of this chapter is a nuisance per se and may be abated by the Circuit Court through injunctive relief.
(3) 
Each and every day during which any illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense.
B. 
It shall be the duty of the property owner and all persons having responsibility for the establishment and/or property that any use or construction, alteration, or demolition of any structure or site is not in violation of this chapter. Persons having responsibility for any use or construction, alteration, or demolition of any structure or site in violation of this chapter shall be responsible for such violations to the same extent as the property owner. The cost of prosecution shall be assessed against the violator. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter.
In addition to the enforcement actions provided in this Article XV, the following additional enforcement procedures may be applicable in the instances of violations of (1) provisions of this chapter, (2) approved special uses, (3) approved site plans, (4) approved planned unit developments, or (5) decisions of the Zoning Board of Appeals, Village Council, District Court, or Circuit Court relative to a particular land use development or activity approved under the provisions of this chapter:
A. 
When a violation is initially determined by the Zoning Administrator or Village Police Chief (or other Village of Grand Beach police officer upon his approval), it shall be the Administrator's or Chief's responsibility to issue a notice of violation, issue a municipal civil infraction, request the Village Council to initiate other court or legal proceedings, and/or issue an order to correct the violation to the owner(s) and occupant(s) of the lot or parcel upon which the zoning violation has occurred. The notice shall be issued on a special form for this purpose and shall at least include the following information pertinent to the violation:
(1) 
Date and location of each violation observed by the Zoning Administrator or Village Police Chief.
(2) 
Name(s) and addresses of owner(s) and occupants(s).
(3) 
Specific sections of this chapter which have been violated. If more than one violation, list each violation and each section violated.
(4) 
Length of time allowed before formal prosecution of the violation(s).
B. 
Failure to correct a zoning violation as provided above may then be followed by any of the legal remedies available by statute or this chapter.
C. 
The Village Council may also use any other means prescribed by law available to it for seeking correction of violations of this chapter.