The daily monitor leader. [volume] (Mount Clemens, Mich.) 1942-19??, 1944-11-14

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spector and hts assistants. Any per-
/ son, firm or corporation who violates
any 81 the provisions OF this Ordinance
/ shall ne H0cd not less than 5000 nor
I more man $1,000 for each offense, or
/ shall - punished by imprisonment In
/ me Macomb County jail for a period
I az n0' % exceed 90 days for each Of
tense or may be both fined and inn
/ 0rlSo0ei ~ ne discretion Of the Court
/ Any building which - erected, altered
I or converted. or any use Of premises
which is begun or changed subsequent
- the time NJ passage 81 this Ordi-
nance and f0 violation ~ any Of the
. provisions hereof ~ hereby declared
nuisance per 50. Any court having
jurisdiction snail order such nuisance
7bated and the owner or agent in
1 charge 90 such building. land or prem
tses shall he a11udEed guilty Of main
tanning 2 nuisance per Sc. Each day
. that violation Is permitted 10 exist
/ shall constitute = separate otfeuse The
owner Of any building or premises. or
. part thereof where snv conditions IN
. violation ~ this Ordinarc eshali exist
/ or shall be created. and any architect.
builder, contractor. agent. corporation,
/ or person employed In connection there
/ with aud who mas assisted knowingly
. m FTC COMMUNION NJ arYv- svfrr-v-1'7--
ton shall each bs guilty ~ 2 separate
o'fense and UPON conviction thereof
. shall nc liable 20 the fines and impris-
oNme0' herein provided.
/ SECTION WI: BOARD OF APPEALS
\ Procedure The TOWNSHIPS Board
shah act as a Board Of Appeals upon
7N nNcSt7nS arising under this Ordi-
. nance and may tx the rules and regu-
! l"uon7 20 c.rer rs procedure, sitting
/ as such Board 81 Appeals. II shall de-
/ eide upon appeals from and review any
. order. requirement. declsioT or deter
/ mNaNoN made by any administrative
Official charged with enforcement Of
. this Ordnance. The cnrCurrinE vote Of
/ majority 81 the members Of the
Board az Appeals shall be necessary 20
reverse any O~der. requirement. de-
clsIon or determination of any such
. administrative official, or 20 decide in
favor OF the applicant any matter upon
| which = Is required 20 pass under
/ This Ordinance. Such appeal may 30
taken by any person aCgrieved. II shl
he taken within fifteen DAYS from the
date Of such order BY filing with the
. official from whom the appeal is taken
. and with tho Board Of Appeals a notice
Of appeal. specifying the grounds there
Of. The officer from whom the appea II
. IS taken shall forthwith transmit 70 the
. Board all the papers constituting the
record UaHn which the action appesle
from is taken.
II. Stay OF Proceedings, An appe n
. stays all proceedings ~ furtherance of
the action appealed from, unless the
. officer from whom the appeal is taken
certIfcs 20 the Board OF Appeals after
the notice OF appeal shall have been
/ filed with him, that by reason OF the
facts stated IN the certificate. a stay
. would IN his opinion cause iminent per-
II 20 life or property. in which case
/ proceedings shall not be stayed other
wise than by restraining order
which may be granted by the Board of
| Appeals or by the Circuit Court on
! application, on notice 10 the officer
from whom the appeal is taken and on
| due cause shown.
e. Notice. Representation. Decision.
! The Board of Appeals shall fix a rea-
sonable time for the hearing of the ap-
peal and give due notice thereof 70 the
parties and decide the same within a
reasonable time Upon the hearing. any
party may appear in person or by at
I tornev. The Board OF Appeals may re-
verse or affirm wholly or partly or
modify the orders, requirements. de-
Cislon or determination as in its opin-
| ion ought 70 be done in the premises.
and 10 that end shall have all the pow
crs OF the officer from whom the ap-
peal was taken. The decision of such
| Board shall be final so far as II in
wolves discretion or the finding OF facts.
u. The Board OF Appeals, at any
time more than three years after the
time of passage OF this Ordinance may
order the revocation of Certificate
OF Occupancy issued 20 a nome onform-
ing use where the continuance of such
use. due 20 the development of neigh
boring properties or other conditions
arising since the Issuance OF such a
Certificate. has becom. a hindrance 10
the normal development of surround
ing property IN the manner contem-
plated by this Ordinance. Written no
tce Of intent 20 order such revoca ton
/ ~ hn g. hxy tesr prI all O.,
the owner or his authorized agent. and
20 the occupant OF the lot occupied by
such non-conforming use, az least six
months prior "a the issuance OF such
order, and public hearing shall be
held ~ which such owner, agent or
occupant shall be granted opportunity
10 show cause why such order should
not he issued. The owners and occ l.
pants OF lots in the vicinity OF such non
conforming use and affected thereby
shall also be notified of such hearing
and given an opportunity 10 be heard.
II after such hearing the Board finds
that the public interest demands the
issuance OF such revocation order, the
Board shall proceed herewith and
such order shall take effect six months
from the dale % issuance thereof
+. Upon appeal the Board OF Ap-
pcals shall have the following powers:
!. Permit the erection. alteration. or
enlargement Of any building or stru.-
ture of greater height. bulk or area
than is permitted by the district re-
quirements herein established. IL tn.
use Of such building or structure is
permitted in such district by the pro-
visions Of his Ordinance.
2. Permit the erection. alteration. en-
larEement and or use IN any use dis
! triCt Of public utility building or
structure ~ the Board shall find such
building or structure and its use.
height. area and bulk reasonably nee
esSarv for the public convenience and
service, and provided such building or
structure Is designed. erected. main
tanned and handicapped 10 conform har.
moniously with the general architec-
ture and plan OF such district. and. IN
addition 70 the general duties and pow
ers conferred upon il bv law, may n
specific cases vary or modify the appli-
cation ot the regulations herein estsb-
liShed in harmony With their general
purpose and intent. as follows:
Ial In 2 Commercial District. permit
the uses recurring the approval OF the
| Board, as specified In Section x-A.
paragraphs A, p ard thereof. where
their location IN respect 10 the boun-
diaries Of the district. and OF the prem
iscs on which placed. the extent OF
their operations and the manner In
which conducted and all such as 20
render them no more dangerous or
noNious TO the public than the uses
pc rnitted In SUCH district.
' ~ Permit the erection OF billbosrds,
signs and other advertising devices in
| Business and in Commercial Dis
tricts. providing the erection OF such
! structures are not preiudicial 20 the
public health, safety o. welfare, and
provided such structures comply with
The requirements set forth IN Para
graph II Of Section III OF this ordi-
/ nance.
c. Permit me erection and use 81
. building or The use OF premises in
! any district tor a public service cor
( pc~ation or for public utility purposes.
I and make such exceptions therefore 10
INC height and bulk requirements here
IN established rs the Board considers
. reasonably necessary for the public