Village of New Haven, MI
Macomb County
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Table of Contents
Table of Contents
An Administrative Official designated by the Village Council shall administer and enforce this chapter. The Administrative Official may be provided with the assistance of deputy administrative officials or other consultants as the Village Council may direct.
The Administrative Official shall have the following duties and responsibilities:
A. 
Administration and interpretation of the provisions of this chapter.
B. 
Enforcement of all provisions of this chapter, including identification, processing and issuance of all necessary notices or orders to ensure compliance with said provisions. Upon finding that any of the provisions of this chapter are being violated, the Administrative Official shall notify in writing the person(s) responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Administrative Official shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
C. 
Receipt of applications for and issuance of certificates of zoning compliance in accordance with the provisions of this chapter. The Administrative Official shall have the authority to grant certificates of zoning compliance and certificates of occupancy and to make inspections of buildings or premises necessary to carry out duties in the enforcement of this chapter.
D. 
Inspections of property within the Village as required by this chapter or which are necessary to enforce the provisions of this chapter. The administrative official may engage the assistance of other persons, agencies, officials or consultants as deemed necessary by the Administrative Official in making such inspections, subject to approval of the Village Council,
E. 
Maintain official records of applications, certificates, notices and other correspondences for which the Administrative Official is responsible under the provisions of this chapter.
F. 
Provide an annual report to the Village Council and Planning Commission which summarizes the activities of the Administrative Official.
G. 
The Administrative Official shall not refuse to issue a permit when the applicant complies with conditions imposed by this chapter. Violations of contracts, such as covenants or private agreements, which may result upon the granting of said permit, are not cause for refusal to issue a permit.
A. 
It shall be unlawful to commence or conduct any of the following until the Administrative Official has issued a certificate of zoning compliance for such work or change and a building permit (if applicable) has been issued:
(1) 
The excavation, construction, reconstruction, repair, moving or alteration of any building or structure for which a building permit is required.
(2) 
Any parking lot, sign or structure having a cost or value of more than $200.
(3) 
Any change in the use or occupancy of any building or land in the RO, GBD, GB, IO, LI or HI Districts.
(4) 
Any change in use or occupancy of any building or land in the FP Overlay, SF, SF-1 or SF-2, MF or MH Districts to a type of use or occupancy which is not expressly permitted by the district's regulations specified in this chapter.
B. 
Applications for certificates of zoning compliance shall be made to the Administrative Official on forms provided for that purpose by the Village of New Haven. Applications shall include the following:
(1) 
A site plan as required by § 515-100. Where a site plan is not required under § 515-100, the plan which shall accompany all applications for certificates of zoning compliance shall be based on a mortgage survey or land survey prepared by a registered land surveyor. The plan shall be to scale and shall include all property lines and dimensions, setbacks, all existing and proposed structures, and a written description of the existing and proposed uses of all structures and outdoor use areas. The Administrative Official has the authority to require a land survey prepared by a registered land surveyor when the Administrative Official determines it to be necessary to ensure accuracy of the plan.
(2) 
All information called for on the application.
(3) 
Review fee, as established by resolution of the Village Council.
(4) 
Signature of the owner(s) of the structure or lot. If the application is made by a person other than the owner(s), the owner's signature on the application shall constitute authorization of the application by the owner(s).
(5) 
Additional information as required by the Administrative Official to determine compliance with the provisions of this chapter.
C. 
All applications or plans which require issuance of a building permit shall be submitted to the Administrative Official for review under this section prior to or concurrent with application for building permits. No building permits shall be issued until a certificate of zoning compliance is issued by the Administrative Official and the Building Inspector has verified that the proposed building permit activity is in conformance with the certificate of zoning compliance.
D. 
Where issuance of a building permit is not required, but a certificate of occupancy is required, no certificate of occupancy shall be issued until a certificate of zoning compliance has been issued by the Administrative Official.
E. 
The certificate of zoning compliance shall include a certificate by the Administrative Official that plans, specifications, and description of such use(s) and structure(s) conform to the provisions of this chapter.
F. 
Any certificate of zoning compliance issued under the provisions of this chapter shall be valid for a period of six months following the date of issuance. A certificate of zoning compliance shall be null and void after said period unless a valid building permit has been issued, actual construction under a valid building permit has commenced, or a certificate of occupancy has been granted. One six-month extension may be granted by the Administrative Official where necessary due to weather-related or other causes beyond the control of the applicant.
G. 
When the Administrative Official receives an application for a certificate of zoning compliance which requires site plan review, special land use approval, or other approval which necessitates Planning Commission or Village Council approval, the Administrative Official shall so inform the applicant. Approval of a site plan in conformance with the provisions of § 515-100 or of a special land use under the provisions of § 515-121 shall constitute the necessary review and approval of the proposed use or activity for issuance of a certificate of zoning compliance.
H. 
The Administrative Official may revoke any certificate of zoning compliance where it is demonstrated that false information was included on any application, plan or submittal upon which approval of the certificate was based.
I. 
Issuance of a certificate of zoning compliance shall be based on the following conditions:
(1) 
Full payment of all required fees;
(2) 
All work, construction, use and activities shall conform to the approved application and plans upon which the certificate of zoning compliance was issued; and
(3) 
All work, construction, use and activities shall conform to any conditions of approval of the certificate of zoning compliance.
A. 
No building, structure or use for which a certificate of zoning compliance or building permit has been issued shall be used or occupied until the Administrative Official has, after final inspection, authorized in writing the issuance of a certificate of occupancy.
B. 
Application for certificates of occupancy shall be made in writing to the Building Inspector on forms provided for that purpose.
C. 
Certificates of occupancy shall constitute verification of compliance with both Building Code and Zoning Ordinance requirements.
D. 
Temporary certificates of occupancy.
(1) 
Temporary certificates of occupancy may be considered for issuance by the Administrative Official where all of the following conditions are met:
(a) 
Site construction is substantially completed in full conformance with approved plans;
(b) 
Remaining site improvements are not related to health, safety, or Americans With Disabilities Act (ADA) barrier-free compliance requirements;
(c) 
Remaining site improvements are related to landscaping, paving or similar features which, due to their unique characteristics, cannot be completed due to weather conditions; and
(d) 
Submittal of a performance guarantee, in conformance with § 515-205, which is equal to the full cost of all incomplete site work as estimated by the Village of New Haven, utilizing standard construction cost estimating publications.
(2) 
Temporary certificates of occupancy shall not be granted for a period exceeding six months. Said period shall be based on a reasonable estimate of the time necessary to accommodate fair weather installation of all remaining improvements. No extensions of temporary certificates of occupancy shall be granted.
E. 
Failure to obtain a certificate of occupancy when required shall constitute a violation of the provisions of this chapter and shall be subject to the provisions of § 515-206.
F. 
The issuance of a certificate of occupancy shall in no case be construed as waiving any provisions of this chapter.
A. 
Before any land is filled or excavated for purposes other than gardening or farming and where such filling or excavating is not covered by the building permit and is not incidental to the work covered by the building permit, a filling and excavating permit shall be obtained. For the purpose of this chapter, filling and excavating shall be the removal from or the addition to any lot or parcel of land of one or more cubic yards of dirt, clay, sand, gravel, cinders, crushed aggregate or mixtures thereof.
B. 
Application forms shall be available at the Office of the Village Clerk. The filling and excavating permit form shall show:
(1) 
The name and address of the owner of the land and or of the applicant if different that the owner.
(2) 
Location and size of the property to be filled or excavated.
(3) 
Size of the area to be filled or excavated.
(4) 
A statement that a soil erosion permit has been obtained where the proposed fill or excavation would disturb one or more acres of land or where it would be adjacent to a stream or waterway.
(5) 
A description of the proposed fill or excavation.
(6) 
Such other information as the Village Council and/or Building Inspector may require.
(7) 
The approval and authorized signatures of the Village President and/or Building Inspector.
C. 
A fee shall be required as established by resolution of the Village Council for any filling and excavating permit involving five or more cubic yards or material.
A. 
Applications for all reviews, approvals and permits specified in this chapter shall be pursued actively by the applicant. Applications which are filed with the Village shall expire and be void one year following the date of application unless the applicant is actively pursuing review by the applicable Village authority, including timely submittal of revised plans or required additional information. Upon expiration of the application in accordance with this section, all reviews, comments, preliminary approvals and the like shall expire. New applications shall be in accordance with all applicable submittal, review and design standards in effect on the date of any subsequent application.
B. 
Permits issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement and construction set forth in said plans and applications. Any use, development or activity which is not in accordance with approved applications, plans and permits shall constitute a violation of this chapter.
A. 
This chapter may be amended in accordance with Public Act 110 of 2006, as amended. The Village Council may by legislative authority or on recommendation of the Planning Commission or on petition amend, supplement or change the district boundaries or the regulations of this chapter.
B. 
Petitions to change the zoning of a parcel or parcels of land within the Village shall be made to the Village Clerk on forms provided for that purpose by the Village of New Haven. Applications for rezoning shall be submitted by the property owner seeking such change or by his legally authorized representative. Applications shall be accompanied by the fee as established by resolution of the Village Council.
C. 
Prior to any amendments to this chapter, a public hearing shall be conducted by the Planning Commission, notification of which shall be published and sent as prescribed by state law.
All fees associated with any application, review, inspection or other activity authorized or required by this chapter shall be paid in full prior to issuance of any certificate of zoning compliance or building permit or the processing of any application or request. All fees shall be established by resolution of the Village Council.
A. 
Provisions of chapter declared to be minimum requirements. In their interpretation and application, the provisions of this chapter shall be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of any other lawfully adopted rules, regulations or ordinances are more or less restrictive than the provisions of this chapter, the more restrictive or that imposing the higher standards shall govern.
B. 
Compliance regarding violations. Whenever a violation of this chapter occurs or is alleged to have occurred any person may file a written complaint. Such complaint shall be filed with the Administrative Official. The Administrative Official shall record, investigate, and take action(s) thereon as provided by this chapter in conformance with §§ 515-197 and 515-198.
C. 
Penalties for violation. Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special land uses) shall constitute a municipal civil infraction. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be punishable as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven. Each day such violation continues shall be considered a separate offense.
[Amended 1-13-2015 by Ord. No. 333]
D. 
Responsible parties. The owner(s) or tenant(s) of any building, structure, premises or part thereof, and architect, builder, contractor, other design professional, agent or other person who commits, participates in, assists in or maintains such violations may each be found guilty of a separate offense and suffer the penalties herein provided.
E. 
Public nuisance per se. Violations of the provisions of this chapter are declared to be a nuisance per se and may be abated by remedies as provided by law. Nothing herein contained shall prevent the Village from taking such other lawful action necessary to prevent or remedy any violation.
The provisions of this chapter shall be liberally interpreted in order to promote and accomplish the purposes of this chapter as set forth in § 515-1. Any limitations set forth in this chapter shall be construed as the minimum requirements in their interpretation and application. Wherever the requirements of any other lawfully adopted rules, regulations or ordinances are more or less restrictive than the provisions of this chapter, the more restrictive or that imposing the higher standards shall govern.
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
The Village of New Haven Zoning Ordinance No. 167 (1979) is hereby repealed in its entirety and replaced by this amendatory ordinance.
A. 
This chapter shall take effect 30 days following publication of a notice of adoption hereof as provided by state law.
B. 
This chapter was adopted by the Village Council on January 12, 1999.
C. 
A notice of adoption was published in The Bay Voice on January 20, 1999.
D. 
The effective date of the Village of New Haven Zoning Ordinance is February 19, 1999.