THIS ADDRESS ORDINANCE WAS ADOPTED BY THE CALHOUN COUNTY BOARD OF COMMISSIONERS ON MARCH 16, 2000, AMENDED ON JUNE 7, 2012 AND IS EFFECTIVE JUNE 13, 2012.

PREAMBLE

WHEREAS, the Calhoun County Board of Commissioners did by resolution on March 16, 2000, establish the Calhoun County Address Ordinance; and

WHEREAS it is now desired to amend and update the existing ordinance;  

NOW THEREFORE, THE PEOPLE OF CALHOUN COUNTY DO ORDAIN THAT SAID ORDINANCE SHALL READ AS FOLLOWS:

In order to assign and maintain building and property addresses throughout Calhoun County and to provide for easy identification of buildings and properties for various purposes including but not limited to County-wide 9-1-1 service and to promote the health, safety, and welfare of the citizens of Calhoun County, the County of Calhoun enacts its amended address ordinance as follows:

ARTICLE I
TITLE, PURPOSE, AND LEGAL BASIS

Section 1.01 - Title

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

Section 1.02 - Purpose

The purpose of this Ordinance is to establish and maintain 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:

1. Creating a formal, legally based, addressing system with standards and regulations for assigning addresses.

2. Creating a coordinated system with standards for the naming of public roads and private drives.

3. Providing for notification of interested parties of assigned address numbers and road names.

4. Coordinating this Ordinance with other county or municipal ordinances.

5. Providing minimum standards and regulations for display of addresses.

6. 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.

7. Providing for the enforcement of this Ordinance.

8. Providing for an appeal process of this Ordinance.

Section 1.03 - Legal Basis

This Ordinance is enacted pursuant to MCL §46.11(j).

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 - Administrator

The Board of Commissioners shall appoint, in odd-numbered years, a person to be Address Ordinance Administrator ("Administrator"). The Administrator shall hold the position until his or her successor is appointed. The Administrator shall have 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 from this Ordinance shall provide to the Address Ordinance Administrator and the Calhoun County Consolidated Dispatch Authority ("CCCDA") the information listed below:

1. A copy of the local Address Ordinance.

2. The names of any proposed new streets (public or private) before they are actually approved.

3. A list of all new addresses along with the name of the owner/occupant.

4. 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.

5. Changes in street names and/or number ranges for existing streets.

6. Copies of maps for proposed new subdivisions, condominium, or manufactured home park developments.

7. 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 "Webster's Ninth New Collegiate Dictionary, principal copyright 1983".

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.

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.) 

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.

ADMINISTRATOR is the person, appointed by the Board of Commissioners on a biennial basis (in odd-numbered years), who has overall responsibility for administration and coordination of this ordinance, including enforcement.

CALHOUN COUNTY CONSOLIDATED DISPATCH AUTHORITY("CCCDA") is the primary public safety answering point for all of Calhoun County as designated by the Calhoun County 911 Service Plan.

CALHOUN COUNTY ROAD COMMISSION ("ROAD COMMISSION") shall mean the Calhoun County Road Commission or such other body as may exercise the rights and powers of the Calhoun County Road Commission.

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

PROPERTY OWNER shall mean the owner as designated on the assessing records of the governmental unit(s) in which the property is located.

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.

ARTICLE III
ROAD NAMES

Section 3.01 - Administrator Approval

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 Executive Director of the CCCDA, staff of the Calhoun 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 - Private Drives and Easements

1. 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.

2. 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.

3. 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 CCCDA, staff of the County Road Commission, other municipal agencies with road jurisdiction, and any other appropriate governmental agency.

4. 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 - Administrator Approval

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.

1. 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.

2. 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 an east-west road has address numbers assigned to buildings then that road shall always be considered to be an east-west road.

3. 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.

4. Address numbers shall be assigned so they run consecutively starting at each baseline so that numbers are not out of sequence.

5. 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.

6. 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:

1. The building's (or assigned site facility's) address number.

2. The road prefix (if any).

3. The road name.

4. The road suffix.

5. The date of issuance.

6. The owner's or owner's representative's name.

7. 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 as set forth from time to time in a fee schedule for addressing adopted by the Board of Commissioners.

Section 4.06 - Notice and Enforcement

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

1. 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.

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:

1. 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.

2. 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
ADDRESS MODIFICATIONS

Section 6.01 - Request for Address Modification

A modification to an existing numeric address or street name shall be initiated by an authorized representative of a governing body contacting the Administrator in writing and indicating that a modification should be considered and the reason(s) for the modification. Upon the receipt of such a written request, the Administrator shall, at the County’s cost, provide notice by first class mail, in the form set forth in Exhibit B to every property owner potentially affected by the address modification at least twenty one (21) calendar days prior to the proposed date of the action by the governing body of the affected governmental unit requesting the modification. The Administrator shall also, at the County’s cost, publish notice on the Calhoun County web-site and in at least one paper of general circulation in the area to be affected by the potential change that a public hearing will be held by the governing body of the affected governmental unit. Such notice shall appear prior to the adoption of any resolution by the affected governmental unit requesting an address modification. The public hearing may take place on the date set for the action to request a change by the affected governmental unit. For the purposes of this Ordinance, in addition to any village or township in Calhoun County, the CCCDA, the Road Commission, and any Native American sovereign nation shall be considered affected governmental units that may pass a resolution requesting a modification in a numeric address or street name.

Upon receipt of a resolution from an affected governmental unit requesting an address modification, the Administrator shall make the change as set forth herein. A property owner who does not put a change of address in with his/her Post Office and who does not display the new correct address as set forth herein will be in violation of this ordinance and subject to penalty as provided by Ordinance.

6.02 – Numeric Modification 

It shall be the intent of this ordinance to discourage the practice of making any numeric modification in addresses except:

1. If the existing address number is not in sequence and/or does not run consecutively in the same direction as the County address system.

2. If the existing number is such that the assignment of address numbers for new building is not practical in keeping with the requirements or this ordinance. Addresses out of range by more than 35 (+/-) numbers shall be changed as needed to correct range and to accommodate new growth.

3. When an address is duplicated or otherwise violates this ordinance.

4. If the existing address number creates confusion relative to the dispatch of emergency services by the CCCDA and the CCCDA indicates the same by a certified resolution of its Board of Directors. 

6.03 – Procedure for Numeric Modification. 

In the case of a numeric change, the following procedure shall be followed by the Administrator:

1. The reason for the numeric change shall be documented with date and certified resolution of the affected governmental unit. 

2. A new numeric address shall be determined by the Administrator using the County address standards. 

3. The property owner(s) shall be contacted in written form using the governing body’s assessing information to identify property ownership. The property owner shall have thirty (30) calendar days from the date the notice is mailed to appeal in writing to the Administrator if he/she disagrees with the change. The notice shall state the date by which the appeal must be filed and where it must be filed. If no appeal is received by the Administrator within the thirty (30) day period, the change shall take place forty-five (45) days after the date of mailing of the initial notice. If an appeal is filed within the thirty (30) day period by any property owner(s) affected by the change, then all action to change the numeric designation shall be stayed until the completion of any appeal as set forth in Section 6.08 herein.

6.04 – Street Name Modification.

It shall be the intent of this ordinance to discourage the practice of making any street name modification in addresses except:

1. the name is a duplicate of another road/street within Calhoun County, 

2. If the existing address number creates confusion relative to the dispatch of emergency services by the CCCDA and the CCCDA indicates the same by a certified resolution of its Board of Directors. 

3. when one road has two commonly used names or where portions of what appears to be the same road have two or more names, or 

4. when the existing road name is inconsistent with the County certified road name on file with the State of Michigan and the Road Commission indicates the same by a certified resolution of its Board of Directors.

6.05 Procedure for Street Name Modification 

In case of a street name change, the following procedure shall be followed by the Administrator:

1. The reason for the street name change shall be documented with date and certified resolution of the affected governmental unit. 

2. The Administrator shall determine the section of road affected and the road name to be used using the County address standards. 

3. The property owner(s) shall be contacted in written form using the governing body’s assessing information to identify property ownership. The property owner shall have thirty (30) calendar days from the date the notice is mailed to appeal in writing to the Administrator if he/she disagrees with the change. The notice shall state the date by which the appeal must be filed and where it must be filed. If no appeal is received by the Administrator within the thirty (30) day period, the change shall take place forty-five (45) days after the date of mailing of the initial notice ("effective date"). If an appeal is filed within the thirty (30) day period by any property owner(s) affected by the change, then all action to change the street name designation shall be stayed until the completion of any appeal as set forth in Section 6.08 herein.

6.06 – Notification of Numeric and/or Street Name Modification

When a person’s address is modified (numeric change or road name) pursuant to this Ordinance and no appeal is filed, the Administrator shall on or after the effective date notify the property owner 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.

5. A request that the property owner voluntarily comply with the address change within a thirty (30) day period of time after the effective date.

6.07 – Notice of Violation

1. If the resident has not properly displayed the new number and otherwise complied with the requirements of this Ordinance within thirty (30) days after the effective date, the Administrator shall send a notice of violation of this Ordinance.

2. 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.

3. If the violation remains at the end of the prescribed period of time, the Administrator shall issue an appearance ticket to the resident and/or owner of the property.

6.08. Notification to Agencies

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

1. The electric company.

2. The post office.

3. The CCCDA.

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

5. The local building authority.

6. The County Health Department.

7. The local emergency service provider(s).

8. The local school district.

9. The Intermediate School District.

10. The Calhoun County Road Commission.

11. Calhoun County Equalization Department/GIS Department.

Section 6.09 - Appeal of Numeric or Name Modification

In the event of an appeal of a numeric or road name modification, the Administrator shall forward the appeal(s) to the County Administrator/Controller (or designee) who shall be responsible for ensuring that the appeal process takes place as set forth herein. All property owner(s) affected by the modification shall be notified of the appeal and the time and date of the appeal hearing. An Appeal Board, consisting of one representative appointed by the governing boards of each of the following entities shall hear the appeal: 1) Calhoun County Chapter of the Michigan Township Association, 2) the village or township in which the modification in question is located; 3) the Calhoun County Fire Chief’s Council; 4) a member of the Calhoun County Planning Commission, appointed by the Calhoun County Planning Commission; and 5) the Calhoun County Board of Commissioners.

Section 6.10 – Appeal of Administrative Decision

The Appeal Board shall have the power to affirm, reverse or modify the decision of the Administrator after conducting a hearing at which the property owner(s) filing the appeal or any property affected by the change/appeal and the Administrator are permitted to testify. Representative(s) of any affected governmental unit shall also have the right 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 Appeal 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 Appeal Board may allow an extension of time not to exceed 180 days to comply with the administrative order of the Administrator. The Appeal Board shall comply with the requirements of the Michigan Open Meetings Act.

Section 6.11- Proceedings Upon Conclusion of Appeal

Upon the conclusion of any appeal, the Administrator shall notify the property owner(s) affected of the outcome of the appeal and proceed to either a) provide the notices set forth in Section 6.05 or to 2) notify the property owner(s) of such other action as may be taken upon the order of the Appeal Board.

ARTICLE VII
PENALTIES AND EFFECTIVE DATE

Section 7.01 – 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 Five Dollars and 00/100 ($5.00) 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.

A second violation of this Ordinance shall be a misdemeanor. Any person found in violation shall be subject to a fine not to exceed $500.00 or imprisonment for not more than 90 days, or both.

Section 7.02 – Effective Date

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

ARTICLE VIII
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.

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.

EXHIBIT B
NOTICE OF PUBLIC HEARING AND APPEAL PROCEDURE

PLEASE READ!