New Calhoun County Address Ordinance

THIS ADDRESS ORDINANCE WAS ADOPTED BY THE CALHOUN COUNTY BOARD OF COMMISSIONERS ON MARCH 16, 2000 AND IS EFFECTIVE UPON ITS PUBLICATION.

ARTICLE I
TITLE, PURPOSE, AND LEGAL BASIS

Section 1.01 - Title

This ordinance shall be known as the Calhoun County Address Ordinance of 2000, and hereinafter referred to as the "Ordinance".

Section 1.02 - Purpose

The purpose of this Ordinance is to establish a formal, legally based county system of assigning addresses to buildings and properties to facilitate the identification of buildings and properties in order to protect the public health and safety by enabling a quicker response time by police, fire, ambulance, and other emergency services; and to provide for more efficient delivery of public services such as building inspections, soil evaluations, health inspections, property tax administration, property mapping, and other public affairs; and to provide for efficient parcel delivery, and U.S. Postal delivery in Calhoun County by:

Creating a formal, legally based addressing system with standards and regulations for assigning addresses.
Creating a coordinated system with standards for the naming of public roads and private drives.
Providing for notification of interested parties of assigned address numbers and road names.
Coordinating this Ordinance with other county or municipal ordinances.
Providing minimum standards and regulations for display of addresses.
Providing for the creation of a master record of addresses along with other information necessary to locate buildings on properties and to reserve addresses or address ranges for properties.
Providing for the enforcement of this Ordinance.
Providing for an appeal process of this Ordinance.

Section 1.03 - Legal Basis

This Ordinance is enacted pursuant to Section 11 of Michigan Public Act 156 of 1851, Public Act 132 of 1996, Public Act 199, Section 2, being Michigan Compiled Law.

Section 1.04 - Effect on Local Government Ordinances

Any city, village, township or Native American sovereign nation that has previously enacted or subsequently enacts an ordinance which virtually duplicates or fully achieves the purpose of this Ordinance may request the Address Ordinance Administrator to exclude that city, village, township, or Native American sovereign nation from the provisions of this Ordinance. Upon request, the Address Ordinance Administrator may exclude a city, village, township, or Native American sovereign nation from the provisions of this Ordinance.

Section 1.05 - Administrative Agencies

The Calhoun County Community Development office is herewith appointed by the Board of Commissioners and shall be the agency with overall administrative and coordination responsibility to administer and enforce this Ordinance.

Section 1.06 - Duties of Excluded Local Governmental Units or Native American Sovereign Nation(s)

Local units of government or a Native American sovereign nation which have been excluded shall provide to the Address Ordinance Administrator and Central Dispatch Office (911 System) the information listed below:

A copy of the local Address Ordinance.
The names of any proposed new streets (public or private) before they are actually approved.
A list of all new addresses along with the name of the owner/occupant.
A list of any address changes made. This list shall contain the name of the owner/occupant, old address, new address, and date the address became effective.
Changes in street names and/or number ranges for existing streets.
Copies of maps for proposed new subdivisions, condominium, or manufactured home park developments.
A list of any streets annexed from other jurisdictions and the number range affected by the annexation.

Except for the copy of the local Address Ordinance, the items listed above shall be furnished on a monthly basis.

Section 1.07 - Excluded Municipalities

Pursuant to Section 1.04, the cities, villages, townships, or Native American sovereign nation that have been excluded from the provisions of this Ordinance are listed in the attached Exhibit A.

ARTICLE II
DEFINITIONS

Section 2.01 - Use of Words and Terms

For the purpose of the Ordinance, certain terms are defined. When not inconsistent with the context, the present tense includes the future and singular usage includes the plural usage. The word "shall" is always mandatory. The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.

Section 2.02 - Definitions

Any word or term not defined in this Ordinance shall be interpreted by reference to the "American Heritage Dictionary of the English Language" New College Edition, 1980.

ADDRESS means the combination of a set of numbers and a road prefix (N. S. E. W.), a road name, and a road suffix (such as Road, Court, Lane, Avenue, Highway, Way, Drive, Street, Alley, etc.) or its abbreviation.

ADDRESS NUMBER means a set of numbers used to provide specific identification.

ROAD means any vehicular way which is a state, county, or municipal roadway or is shown on an approved and recorded subdivision plat, condominium development, manufactured home park, or is a private drive, two track, or easement that serves more than two (2) existing lots.

ROAD NAME means the proper name of a road, including a general prefix or suffix.

ROAD PREFIX means a compass or directional designation of a road being north, south, east, or west (or abbreviations for the same).

ROAD SUFFIX means the type or classification of a road (e.g. Road, Court, Lane, Avenue, Highway, Way, Drive, Street, Alley, etc.) or its abbreviation.

BUILDING means a combination of material, whether portable or fixed forming a structure having a roof supported by columns or by walls affording a facility or shelter for use, storage, or occupancy by persons, animals, or property.

PRINCIPAL BUILDING means the primary or predominant building located on a parcel of land.

ASSIGNED SITE FACILITY means a specific location with at least one observable man-made improvement which either requires an address for one or more utility services, or is requested to have an address (e.g. oil or gas wells, irrigation wells, telephone equipment sites, electric power substations, pipeline pumping stations or other service points, cemeteries, public or private dams, etc.)

ARTICLE III
ROAD NAMES

Section 3.01 - Approval Agency

The Administrator shall approve the naming of newly established public or private roads within the county which are subject to this Ordinance and roads in proposed plats, condominiums developments, or manufactured home parks.

Section 3.02 - Similar Road Names

The Administrator shall not approve a road name which is the same or similar in spelling or pronunciation to an existing road within Calhoun County.

Section 3.03 - Naming of New Roads

A property owner, developer, surveyor, or plat proprietor shall make application to the Administrator for approval of a proposed road name. Upon receipt of the road name application, the Administrator shall review the proposed name with the Central Dispatch Office, staff of the County Road Commission, other municipal agencies with road jurisdiction, and any other appropriate governmental agency.

The Administrator shall notify the applicant within thirty (30) days of the acceptance or rejection of the proposed name along with the reasons for the decision, if applicable. The Administrator may provide applicants with a list of the existing approved road names in Calhoun County for the convenience of the applicant.

Section 3.04 - Changing Existing Road Names

It is the intent of this ordinance to discourage the practice of changing existing road names except in situations where two identical, similar, or easily confused road names exist in the same telephone prefix area or in other circumstances that clearly leaves the accurate dispatching of emergency vehicles open to question. A road name change may also be changed when one road has two commonly used names or where portions of what appears to be the same road have two or more names. Before changing a road name, the Administrator shall consider the official road name as recorded on plats and deeds of adjacent property, and the most accurate historical name of the road in question. Disturbance to existing legal documents shall be of primary consideration in determining the single road name when two or more names are commonly used.

Section 3.05 - Private Drives and Easements

Unnamed private drives and easements in existence prior to the adoption of this ordinance shall be named when two (2) or more addresses exist or are established on such drives. If the house addresses are numbered off of the adjoining public road, they shall be changed to appropriate addresses using the private road name. In the event buildings front on a public road they shall be addressed on the public road rather than on a private drive. The Administrator shall apply the conditions of Section 3.03 for approval.
The Administrator shall coordinate the naming of new private drives at the time application is received when two (2) or more buildings exist or are established on such drives on separate lots.
The owners/residents shall be consulted before a name for the private drive is selected and approved. The selection of a name for a private drive shall be coordinated with the Central Dispatch Office, staff of the County Road Commission, other municipal agencies with road jurisdiction, and any other appropriate governmental agency.
It is the responsibility of the owners/occupants with addresses on the private drive to erect and maintain a sign that meets Calhoun County Road Commission specifications. Specifically, the proposed sign needs to meet Michigan Manual of Uniform Traffic Control Devices (MMUTCD) standards. The sign shall be at the intersection of the private drive and the adjoining public road clearly showing the name of the private drive. Location of the private road sign is also to be approved by the Calhoun County Road Commission. Lettering of these signs should be similar to County Road Commission road name signs and shall contrast with the background color of the sign. The lettering shall include the word "Private" or the abbreviation "PVT" to distinguish this road from public roads.

ARTICLE IV
ADDRESS NUMBERING

Section 4.01 - Approval Agency

The Administrator shall have overall jurisdiction over address numbers and shall ensure that an address number does not duplicate the number for any building or assigned site facility considered to be along the same road.

Section 4.02 - Master File & Master Address Map

The Administrator shall keep a master file of assigned addresses and corresponding property code numbers and maintain a master address map.

Section 4.03 - Rural Address Numbering System

The rural address numbering system which is structured as follows shall generally be used except when other existing municipal systems are more appropriate as determined by the Administrator.

Within Calhoun County, there shall be a baseline, which shall be the South County Line Drive.
1. In the northerly direction from this baseline, address numbers shall be evenly spaced, 1,000 per mile, so that when following a northerly-southerly road one reaches address number 1,000 when arriving at the next section line to the north. Such address numbers shall continue in the same manner by 1,000 whole numbers for each section of each township.
2. North of the baseline, even numbers shall be on the easterly side of roads, odd numbers shall be on the westerly sides of roads.
3. Roads which are not aligned due north-south or meander shall be numbered as a north-south road if the major portion of the road within Calhoun County runs north-south. Once a north-south road has address numbers assigned to buildings then that road shall always be considered to be a north-south road.
Within Calhoun County, there shall be a baseline, which shall be the West County Line Road.
1. In an easterly direction from this baseline, address numbers shall be evenly spaced, 1,000 per mile, so that when following an easterly-westerly road one reaches address number 1,000 when arriving at the next section line east. Such address numbers shall continue in the same manner by 1,000 whole numbers for each section of each township.
2. East of the baseline, even numbers shall be on the southerly sides of roads, odd numbers shall be on the northerly sides of roads.
3. Roads which are not traveling due east-west or meander shall be numbered as an east-west road if the major portion of the road with Calhoun County runs east-west. Once as east-west road has address numbers assigned to buildings then that road shall always be considered to be an east-west road.
Addresses north of Division Drive shall be followed with a suffix "North" (e.g. 15,500 F Drive North), and addresses south of Division Drive shall be followed with a suffix "South" (e.g. 15,500 F Drive South) to avoid duplication of addresses.
Address numbers shall be assigned so they run consecutively starting at each baseline so that numbers are not out of sequence.
Upon determination of the Administrator, address numbers in common use prior to the adoption of this Ordinance may continue to be used if:
1. The existing address numbers run consecutively in the same direction as the county address system for that section of the county.
2. The system is definable and can be administered and maintained for future construction of buildings and assigned site facilities without undue administrative and maintenance difficulties.
Other County or Municipal numbering systems shall be used in place of the above rural system upon approval of the Administrator, provided that only one numbering system shall be used for both sides of a defined road segment.

Section 4.04 - Address Issuance

If a property is determined to be in compliance with this Ordinance and applicable local and state laws or regulations the Administrator shall issue an address for the property upon submission of a site plan describing the location of an existing or proposed structure (or existing or proposed assigned site facility) by the owner or the owner's representative. The site plan shall reasonably indicate the structure's front and side yard setbacks. The property owner shall receive an address identification card which shall be issued by the Administrator and which shall contain:

The building's (or assigned site facility's) address number.
The road prefix (if any).
The road name.
The road suffix.
The date of issuance.
The owner's or owner's representative's name.
The parcel identification number.

Section 4.05 - Fees

It shall be the policy of the County to provide the service of issuing addresses at a cost stipulated in the current adopted fee schedule for addressing. The fees reflect a reasonable cost of administering the ordinance.

Section 4.06 - Changing Address Numbers

It shall be the policy of this Ordinance to discourage the practice of changing existing addresses or address numbers, which are already in use except:

If the existing address number is not in sequence and/or does not run consecutively in the same direction as the county address system.
If the existing number is such that the assignment of address numbers for new buildings or assigned site facilities is not practical and in keeping with the requirements of this Ordinance.
When a new road is constructed, or recognized, which results in the most appropriate address for a building or assigned site facility to be on the new road rather than the original road such as where a building was previously located on an extended drive which subsequently becomes a private drive.
When an address is duplicated or otherwise violates this Ordinance.

Section 4.07 - Notice and Enforcement

The Administrator is responsible for insuring that the proper notice and enforcement procedures are followed.

When a person submits a site plan in order to obtain an address, the Administrator shall assign an address and provide the person with a form containing:
1. The building's (or assigned site facility) address number.
2. The road prefix (if any)
3. The road name.
4. The road suffix.
When a person's address is changed pursuant to this Ordinance the Administrator shall notify the resident and owner, if different, on a form that contains the following:
1. The old address.
2. The new address.
3. The reason for the change.
4. The effective date of the change.

The Administrator shall provide, at a minimum, a 60 day adjustment time period from the day the notice is sent to the date it becomes effective so that homeowners can change their personal and legal documents.

Prior to the effective date of the address change, the Administrator shall notify the following agencies of the address change:

The telephone company.

The electric company.

The post office.

The Central Dispatch office.

The township, village, city, or Native American sovereign nation.

The local building authority.

The County Health Department.

The local emergency service provider(s).

The local school district.

The Intermediate School District.

The Calhoun County Road Commission.

In cases where an existing address is changed, the Administrator shall send a written notice to the affected resident. Said notice shall explain the reason for the address change.
1. The resident shall be requested to voluntarily comply with the address change with a thirty (30) day period of time, or appeal the change by requesting a hearing as provided for in this Ordinance.
2. An appeal must be filed within thirty (30) days of the postmark on the notice of the address change. Leave to file an appeal after thirty (30) days may be granted by the Administrator upon a finding that the resident was out of the area when the notice was mailed.
Notice of Violation.
1. For violations of this Ordinance, the Administrator shall send, by first class mail, a notice of violation stating the amount of time, which shall not exceed thirty (30) days, during which the resident and/or owner must comply with the Ordinance.
2. If the violation remains at the end of the prescribed period of time, the Administrator shall either issue an appearance ticket to the resident and/or owner of the property or seek a criminal warrant through the Office of the County Prosecutor.

ARTICLE V
DISPLAY OF ADDRESS

Section 5.01 - Display

All principal buildings shall be required to display an address number in the manner prescribed in this Ordinance.

The resident, occupant, or owner of a building shall display the address number in such a manner as will be plainly visible and legible from a vehicle traveling on the road that is named in the address. The address numbers shall be displayed at a height of at least four (4') feet above grade and not higher than six (6') feet above grade. All numbers shall be Arabic numerals of at least three (3") inches in height and of a color that contrasts with the background color of the structure supporting the numbers. When a building is located more than one-hundred (100') feet back from the traveled centerline of the road that is named in the address, or the view of building is obstructed by trees, shrubs, or another building, the address number shall be displayed in one of the following manners:

On a sign or attached to a fence, tree, or post located within twenty (20') of the centerline of the driveway and between ten (10') feet and twenty (20') feet back from the edge of the traveled roadway provided that any sign used to comply with this Ordinance must also comply with applicable zoning regulations concerning the location and size of signs.
On both sides of a mailbox located within twenty (20') feet of the centerline of the driveway on the same side of the road as the principal building or within ten (10') feet of the extended centerline of the driveway on the opposite side of the road provided that the view of both sides of the mailbox is not obstructed by other mailboxes or newspaper delivery boxes. The use of mailboxes to comply with the address number display requirements of this Ordinance is subject to the regulations of both the U.S. post office and the governmental organization which maintains the road.

ARTICLE VI
PENALTIES AND EFFECTIVE DATE

Section 6.01 - Penalties

It is a civil infraction for any person to violate any provision of this Ordinance, and upon being found responsible, shall be subject to a fine not to exceed $3.00. The Administrator may issue and serve an appearance ticket to commence a civil infraction proceeding. If the person ticketed comes into compliance with the ordinance within the time to appear in court, the Administrator shall dismiss the ticket.

Any person found responsible of a second violation of this ordinance, shall be subject to a fine not to exceed $500.00. The Administrator may issue and serve an appearance ticket to commence a civil infraction proceeding. If the person ticketed comes into compliance with the ordinance within the time to appear in court, the Administrator shall dismiss the ticket.

Section 6.02 - Effective Date

This Ordinance shall be effective immediately upon publication in a newspaper of general circulation in Calhoun County.

ARTICLE VII
ARTICLE AND SECTION TITLE

The article and section titles shall be deemed for convenience only and shall not limit the scope of any article or section of this Ordinance.

ARTICLE VIII
SAVING CLAUSE AND REPEALER

The provisions of this Ordinance are hereby declared to be severable and, if any clause, sentence, word, section or provision is declared void or unenforceable for any reason by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in force. All ordinances or parts of ordinances of Calhoun County in conflict with any of the provisions of this Ordinance are hereby repealed.

ARTICLE IX
APPEALS

Section 9.01 - Appeals Hearings Board

The Calhoun County Metropolitan Planning Commission shall act as an Appeals Hearing Board to hear petitions for relief from administrative actions taken by the Administrator pursuant to the authority granted by the Ordinance.

Section 9.02 - Appeal of Administrative Decision

The Appeals Hearing Board shall have the power to affirm, reverse or modify the decision of the Administrator after conducting a hearing at which the allegedly aggrieved party or parties and the Administrator are permitted to testify. Findings of fact shall be made on the record of the hearing. When the findings of fact support a conclusion that an error in fact has occurred, the Appeals Hearings Board may reverse the decision of the Administrator or remand the matter back to the Administrator with instructions for corrective action. When the findings of fact support a decision that an action or actions of the Administrator has created an unnecessary hardship, the Appeals Hearing Board may allow an extension of time not to exceed 180 days to comply with the administrative order of the Administrator.

EXHIBIT A
EXCLUDED MUNICIPALITIES
(Section 1.07)

The following cities, villages, townships, or Native American sovereign nation have been excluded from the provisions of this ordinance.

	Name	Date of Exclusion_________
A.	City of Albion	December 22, 1999
B.	City of Battle Creek	December 29, 1999
C.	City of Marshall	December 23, 1999
D.	City of Springfield	December 21, 1999