Table of Contents
Ordinance Index
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Junk Ordinance
Blighted Structure
Inoperable Motor
Vehicle
Ice-Retardant
Enforcement Officer
Fire & Rescue Charge
Noise Ordinance
Amend Violations
Floating Docks
Zoning Authority
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ARTICLE VII
ADMINISTRATION AND ENFORCEMENT |
| 701 |
Secord Township Board
| 701:1 |
Establishment and Authority
Townships in Michigan are established with authority to operate
under the provisions of Section 17, ARTICLE VII OF THE Michigan
Constitution of 1963 as amended. For the purposes of this
Ordinance, the Township Board in accordance with Act 168, P.A.
1959, and Act 184, P.A. 1943, as amended may provide for and
maintain or may appoint a Township Planning Commission, Zoning
Board of Appeals, and a Zoning Administrator to develop and
maintain a Zoning Ordinance and to report any recommendations to
the Township Board. |
| 701:2 |
Duties and Procedures
For the purposes of administering this Ordinance, all matters
concerning zoning will be directed to the appropriate official,
board or commission for proper action. The Township Board
normally will become involved with zoning matters only as the
final authority in the enactment and the amendment of this
Ordinance. |
|
| 702 |
Township Planning Commission
| 702:1 |
Appointment and Establishment
The Township Planning Commission is authorized by the provisions
of the Rural Township Planning Act, being Act 168, P.A. 1959,
State of Michigan which states that the Planning Commission
shall be appointed by the Township Board. For the purposes of
administering this Ordinance and by authority of the Township
Planning Act, being Section 11, Act 168, P.A. 1959, State of
Michigan, the Township Board, by resolution, may transfer to
Township Planning Commission all powers and duties as specified
in Act No. 184, P.A. 1943 as amended being Sections 125.271 to
125.301 of Michigan Compiled Laws, for Zoning Boards created
under that act. All members must be qualified electors and
property owners of the Township. One member of the Township
Board shall be a member of the Planning Commission. |
| 702:2 |
Duties and Responsibilities
The Planning Commission is authorized to adopt Rules of
Procedure consistent with the statutes of Michigan, the
provisions of the Township laws and the provisions of this
Ordinance. The Planning Commission as directed by the Township
Board shall develop and administer this Ordinance. All matters
pertaining to the amendment or the changing of the Ordinance
text or map or for a Special Use Permit request shall be
referred to the Planning Commission. For each request for an
amendment or change of the Ordinance, the Planning Commission
shall review the request, conduct a Public Hearing and forward
recommendations for approval, conditional approval or denial to
the Township Board which shall make the final decision on the
request. For each request for a Special Use Permit, the Planning
Commission will review the request and make the final decision
on the request. |
|
| 703 |
Zoning Board of Appeals
| 703:1 |
Appointment and Establishment
The Zoning Board of Appeals is authorized by the provisions of
the Township Rural Zoning Act, being Act 184 P.A. 1943, State of
Michigan which states that the Township Board may appoint the
Zoning Board of Appeals. The Board of Appeals shall be appointed
in a accordance with Section 18 of Act 184, P.A. 1943, as
amended. Such Board of Appeals shall consist of three (3)
members and it may fix rules and regulations to govern its
procedure. The first member of the Board of Appeals shall be a
member of the Township Planning Commission. |
| 703:2 |
Duties and Responsibilities
The Zoning Board of Appeals shall hear and decide appeals from
and review any order, requirements, decision, or determinations
made by an administrative official charged with the enforcement
of this Ordinance. The Zoning Board of Appeals shall not have
the power to alter or change the zoning district classification
of any property nor to make any change in the terms of this
Ordinance but does have the power to act on those matters where
this ordinance provides for administrative review or
interpretation and to authorize a variance after proper review
and hearing. Any decision of the Zoning Board of Appeals, after
following correct and lawful procedure, shall be final from the
date of entry of such decision unless the Zoning Board of
appeals shall find the immediate effect of such order is
necessary for the preservation of property or personal rights
and shall so certify on the record.
The Zoning Board of Appeals shall not have the authority to
grant a ‘use variance”. |
| 703:3 |
A variance request shall require notification of adjoining
property owners. |
|
| 704 |
Zoning Administrator
| 704:1 |
Appointment and Authority
The Zoning Administrator may also be the Building Inspector,
Township Manager or any other official who shall be charged with
administering this Ordinance. The Zoning Administrator may be
employed in accordance with the provision of the Township Laws. |
| 704:2 |
Duties and Responsibilities
The Zoning Administrator shall be responsible for the updating
and maintenance of the “master copy” of the Zoning Ordinance
text and map. The Zoning Administrator shall be thoroughly
familiar with the provisions of this Ordinance in order to
administer it adequately.
The Zoning Administrator shall make periodic checks of all
properties in the Township to assure compliance with this
Ordinance. Any violations of this Ordinance shall be reported in
writing to the Township Board for further action. The Zoning
Administrator shall have the authority to issue a “stop order”
in the event of recognition of a violation in the terms of this
ordinance. Said “stop order” may be removed only by the Zoning
Administrator or by action of the Township Board.
If feasible, the Zoning Administrator shall review all
applications for Building Permits to assure that the proposed
use is in compliance with the terms of this Ordinance.
The Zoning Administrator shall receive all requests for
rezoning, Ordinance amendments, variances, Special Use Permits,
and to forward these requests to the proper board. The Zoning
Administrator, under no circumstances, shall be permitted to
make changes in any part of this Ordinance or to vary the terms
of this Ordinance in carrying out the duties as Zoning
Administrator.
The Zoning Administrator shall act as a non-voting advisor to
the Township Board, Planning Commission, and Zoning Board of
Appeals. Any information, data or statements presented to these
bodies by the Zoning Administrator shall be purely advisory in
nature for the purpose of clarification and coordination and
will not restrict decisions made by these bodies. |
|
| 705 |
Public Hearings and Adoption Procedures
Official Public Hearings shall be conducted by the respective board at
any time this Ordinance is amended, supplemented, changed or otherwise
altered or in any circumstance in which a Public Hearing is required by
State enabling legislation, Township laws or this Ordinance. Corrections
of spelling, typographical errors, etc. may be made providing said
corrections do not change the meaning or intent of this Ordinance.
Each Public Hearing shall be for the purpose of permitting residents and
property owners to state views, opinions, suggestions, and questions
about the item for which the Hearing is being held. Public Hearings
shall be open for public attendance and participation within the
procedures adopted for conducting such Hearings.
Each Public Hearing shall be conducted in accordance with statutory
procedure as well as with the procedures adopted by the respective board
or commission. An official record of each Public Hearing shall be made
by means of the Secretary’s minutes, a copy of which shall be maintained
as a public record.
| 705:1 |
Zoning Ordinance Adoption Hearings
Before submitting its recommendations of a proposed Ordinance to
the Township, the Planning Commission shall hold not less than
one (1) Public Hearing, notice of which hearing shall be given
by two (2) publications in a newspaper of general circulation in
the Township, the first to be printed not more than thirty (30)
days nor less than twenty (20) days and the second not more than
eight (8) days before the date of the hearing. Not less than
twenty (20) days notice of the time and place of the hearing
shall also be given by mail to each electric, gas, pipeline and
telephone public utility and to each railroad operating within
the district or zone affected, that registers its name and
mailing address with the Township planning Commission for the
purpose of receiving the notice. An affidavit of mailing shall
be maintained. The notices shall include the location, time and
date of the Public Hearing as well as the places and times at
which the proposed text and any maps of the Zoning Ordinance may
be examined. |
| 705:2 |
Zoning Ordinance Amendment Hearings
Amendments or supplements to the Zoning Ordinance may be made in
the same manner as provided in the statutes for the enactment of
the original ordinance. If an individual property or several
adjacent properties are proposed for rezoning, the Township
Planning Commission shall give a notice of the proposed rezoning
to the owner of the property in question, to all persons to whom
any real property within three hundred (300) feet of the
premises in question is assessed and to all occupants of all
single and two-family dwellings within three hundred (300) feet.
The notice shall be delivered person ally or by mail to the
respective owners and tenants at the address given in the last
assessment roll. If the tenants name is not known, the term
“occupant” may be used. If the notice is delivered by mail, and
affidavit of mailing shall be filed with the Planning Commission
before the hearing. The notice shall be made not less than eight
(8) days before the Public Hearing, stating the time, place,
date and purpose of the hearing. |
| 705:3 |
Submission of Proposed
Ordinance or Amendment
| A |
To the County Planning Commission
Following the Public Hearing, the Township Planning
Commission shall submit the proposed Zoning Ordinance or
proposed amendment including maps, to the Gladwin County
Planning Commission for review and recommendation. If
the recommendation of the County Planning Commission has
not been received by the Township within thirty (30)
days after receipt of the Ordinance or amendment by the
County, it shall be conclusively presumed that the
County has waived its right of review and recommendation
of the Ordinance or amendment. |
| B |
To the Township Board
The Township Planning Commission shall transmit a
summary of comments received at the Public Hearing and
its proposed Zoning ordinance text and map to the
Township Board. The board may hold additional hearings
if the Township Board considers it necessary. Notice of
a Public Hearing held by the Township board shall be
published in a newspaper which circulates the Township.
The notice shall be published not more than fifteen (15)
days nor less than five (5) day before the hearing. If
the Township Board considers amendments, changes,
additions or departures advisable to the proposed Zoning
Ordinance text, map or amendment, the Township Board
shall refer the same to the Planning Commission for a
report thereon within a time specified by the Township
Board. After receiving the report, the Township Board
shall grant a hearing on a propose Ordinance provision
to a property owner who by certified mail addressed to
the Clerk of the Township Board requests a hearing and
the Township Board shall request the Planning Commission
to attend the hearing. |
|
| 705:4 |
Ordinance Adoption
After a hearing at a regular meeting or at a special meeting
called for that purpose the Township Board may adopt, by
majority vote of its membership, pursuant to the Township Rural
Zoning Act, a Zoning Ordinance for the portions of the Township
outside the limits of cities and villages. The Township Board
may give the Ordinance or subsequent amendments effect upon
publication as set forth in the statutes or upon any date
specified by the Township Board. In the absence of an effective
date, the Ordinance shall take effect thirty (30) days after
publication. |
| 705:5 |
Filing and Publication Procedures
The Zoning Ordinance, as well as subsequent amendments or
supplements shall be filed with the Township Clerk and one (1)
notice of Ordinance adoption or amendment shall be published in
a newspaper of general circulation in the Township within
fifteen (15) days after adoption. |
| 705:6 |
Special Use Permit Hearings
For each application for a Special Use Permit, the Planning
Commission shall conduct a Public Hearing in accordance with
procedures outlined in the Ordinance. Matters to be considered
shall be the standards as stipulated for respective uses in
accordance with this Ordinance. |
| 705:7 |
Appeals Hearings for Interpretation,
Administrative Review, or Variance
The Township Board of Appeals shall fix a reasonable time for
the hearing of the appeal, give due notice there of to the
parties, and decide the appeal within a reasonable time. At the
hearing, a party may appear in
person or by agent or by attorney. The Board of Appeals may
reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination as in its opinion ought
to be made in the premises, and to that end shall have all the
powers of the officer or body from whom the appeal was taken and
may issue or direct the issuance of a permit.
Variances granted will expire one year after date of issuance if
not acted upon.
The decision of the Board of Appeals rendered pursuant to the
foregoing paragraph shall be final. However, a person having an
interest affected by the Zoning Ordinance may appeal to the
circuit court. |
|
| 706 |
Nuisance Per Se
Uses of land and dwellings, buildings or structures including tents and
trailer coaches, used, erected, altered, razed or converted in violation
of these ordinances or regulations are declared to be a nuisance per se.
|
| 707 |
Permits and Applications
Permits – All R.V. use permits and land
use requests will require a permit from the Zoning Administrator.
Applications – Special Use Permits, Land
Use variance and zoning changes requires an application through the
Zoning Administrator
Fees – Fees for permits and applications
are set by Township Board. |
| 708 |
Violations and Penalties
Any owner or agent, and any person or corporation who shall violate any
of the provisions of this Ordinance or fail to comply therewith or with
any of the requirements thereof or who shall erect, structurally alter,
enlarge, rebuild, or move any building or buildings or any structure, or
who shall put into use any lot or land in violation of any detailed
statement or plan submitted hereunder, or who shall refuse reasonable
opportunity to inspect any premises, shall be liable to a fine of not
more than $200.00 or to imprisonment for not more than ninety days, or
to both such fine and imprisonment. Each and every day such violation
continues shall be deemed a separate and distinct violation.
The owner of any building or structure, lot, or land, or part thereof,
where anything in violation of this Ordinance shall be placed or shall
exist, and any architect, builder, contractor, agent, person, or
corporation employed in connection therewith and who assists in the
commission of such violation shall each be guilty of a separate
violation and upon conviction thereof, shall each be liable to the fines
or imprisonment, or both, as specified in this section. |
| 709 |
Validity
Should any Section, clause, or provision of this Ordinance be declared
by the courts to be invalid, the same shall not affect the validity of
this Ordinance as a whole or any part thereof, other than the part so
declared to be invalid. |
| 710 |
Conflicting Ordinances
All other ordinances and parts of ordinances, or amendments thereto of
Secord Township in conflict with the provisions of this Ordinance are
hereby repealed. |
| 710 |
Effective Date
This ordinance was adopted on October 25, 1986
This Ordinance was amended September, 1991
This Ordinance was amended November 1995
This Ordinance was amended December 1997
This Ordinance was amended August 1999
This Ordinance was amended July 2002
This Ordinance was amended June 2003
This Ordinance was amended January 2004
This Ordinance was amended November 2004
This Ordinance was amended July 2007
This Ordinance was amended November 2011
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