There is very little in the Hayes Township Zoning Ordinance that addresses violations and penalties and consequences of violating the Ordinance and stays imposed by the Ordinance, and what there is consists of a lot of legalese and doublespeak. But I will try to muddle through this.
Today I will write about Zoning Compliance Permits, because according to the minutes of the Hayes Township Planning Commission on 17 May 2010, Page 2, "The special exception use includes the right to construct one building for concession sales."
Also, in another deviation from the approved site plan, Doug has set poles for a pole barn on the Gamble-Longenecker property on Mostetler Road.
He has not begun work on the approved building, for which he still needs a building permit and all the appropriate permits from Clare County, but also a Zoning Compliance Permit, which he has not, to date obtained for either his approved building or his pole barn.
I will go over what is applicable in the Hayes Township Zoning Ordinance since a violation of the stay and a deviation from the approved site plan has occurred. Yesterday I discussed the deviation of the approved site plan. That applies to the pole barn which is a deviation from the approved site plan. It is also a structure, so Sections 1605 and 1606 apply. (Page 77, Hayes Township Zoning Ordinance).
Page 77, Section 1606 Zoning Compliance Permits, Paragraph 1. Purpose, a. "No building or structure of any kind shall be erected or occupied, in whole or in part, until the owner or occupant has applied for and obtained a Zoning Compliance Permit from the Zoning Administrator."
Poles for a pole barn have been set on the Gamble-Longenecker property since on or about 7 Aug 2010. A pole barn is a structure, and those poles are a pole barn partially erected. Doug Longenecker never obtained a Zoning Compliance Permit from Jim VanWormer (the Zoning Administrator at the time).
c. "The Zoning Administrator may revoke or cancel a Zoning Compliance Permit in the case of failure or neglect to comply with any of the provisions of this Ordinance, or in case of any false statement or misrepresentation made in the application. The owner, or his agent, shall be notified of such revocation in writing."
It really is too bad that this paragraph is not attached under Sections 1501 and 1602 regarding Applications for Special Use and Site Plans. But this paragraph specifically deals with Zoning Compliance Permits.
There are so many instances of Doug Longenecker failing to comply with many of the provisions of this Ordinance that in my humble opinion would constitute grounds for revoking or canceling Mr. Longenecker's Special Use.
Since Doug has not applied for any building permits for either the building allowed on the site plan which he has not begun building or the pole barn he has begun building, there is no Zoning Compliance Permit to revoke.
d. "If work has been started without a Zoning [Compliance?] Permit from the Township Zoning Administrator, he or she will be allowed up to ten (10) workdays to investigate and determine if a permit is allowed."
This paragraph is poorly worded. I'm sure what is meant here is Zoning Compliance Permit. The Ordinance as it is currently written is inconsistent where boards and permits are referenced. Whenever this Ordinance is updated and/or revised, every effort should be made to be consistent in referring to permits and boards.
Doug Longenecker started work on his pole barn without a Zoning Permit from Jim VanWormer.
As I read the second part of this paragraph, Jim VanWormer should have been allowed ten (10) workdays to investigate and determine if a [Zoning Compliance?] permit is allowed. Once again, I assume that It is a Zoning Compliance Permit being referred to here. So Jim VanWormer should have investigated to see if a Zoning Compliance permit was "allowed" or "required"? I think required.
In Doug Longenecker's case, he should have submitted a formal request to the Planning Commission to deviate from his proffered and approved site plan. And if that had been approved, he should have been required to obtain a Zoning Compliance Permit in order to erect a pole barn.
e. "Failure to obtain a permit would double the fee."
If Doug Longenecker ever gets approval for a pole barn on the Gamble-Longenecker property on Mostetler Road, the fee should be doubled, because he began work on it without obtaining a Zoning Compliance Permit.
He should still be required to obtain Zoning Compliance Permit from Hayes Township, and whatever other permits are required by Clare County before he is allowed to erect the building approved in his Special Use.
He should also be required to comply to the letter with all the requirements laid out in Section 1606, Paragraph 2 of the Hayes Township Zoning Ordinance.
Section 1606 refers specifically to buildings, Building Permits and Zoning Compliance Permits, not Special Use Permits, Site Plans or stays.
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