[Code 1974, § 81-2.1]
Under this chapter, the Township Board, as the elected governing
body of the Township, shall have the following powers and duties:
(1)
Zoning text amendments. To initiate, hear, and decide the adoption
of an ordinance to amend the text of this chapter, in accordance with
procedures set forth in this division.
(2)
Zoning Map amendments. To initiate, hear, and decide the adoption
of an ordinance to amend the official Township Zoning Map, in accordance
with procedures set forth in this division.
(3)
Appeals of Planning Commission actions. To hear and decide appeals
of any order, requirement, decision, or determination made by the
Planning Commission with respect to this chapter, in accordance with
procedures set forth in this division.
(4)
Special use permits. To hear and decide, upon application, requests
for major amendments to special use permits approved by the Township
Board, in accordance with procedures set forth in this division.
(5)
Fees. To establish fees and charges as authorized by this chapter.
(6)
Legal authority. To exercise all rights, power, and authority concerning
land use, zoning, and property development vested in the Township
by law which is not expressly delegated to another entity or individual
by statute, ordinance, or other legal delegation of the Township Board.
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Cross reference: Boards and commissions, § 2-171 et seq.
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[Code 1974, § 81-2.2; Ord. No. 2007-12, 10-28-2007]
(a)
Establishment of board. In order that the objectives of this chapter
may be more fully and equitably achieved, that a means for competent
interpretation of this chapter be provided, that health, safety, and
welfare of the public be secured, and that justice be done, there
is hereby established a Zoning Board of Appeals.
(b)
Powers and duties. The Zoning Board of Appeals shall have the following
powers and duties:
(1)
Appeals. To hear and decide appeals, upon application, of any
order, requirement, decision, or determination of any Township administrative
officer or official charged with interpreting or enforcing the provisions
of this chapter, in accordance with procedures set forth in this division,
including decisions made by the Director of Community Planning and
Development with respect to site plans.
(2)
Interpretations. To review, hear, and interpret any provision
of this chapter consistent with the general intent and purposes of
this chapter, in accordance with procedures set forth in this division.
(3)
Variances. To hear and decide, upon application, requests for
variances from the provisions of this chapter, in accordance with
procedures set forth in this division.
(4)
Other. To review, hear, and decide all matters referred to it
or upon which it is required to pass under this chapter.
(c)
Membership, terms of office.
(1)
The Zoning Board of Appeals shall consist of five regular members
and two alternate members appointed by the Township Board.
(2)
The first regular member of the Zoning Board of Appeals shall
be a member of the Planning Commission, who shall be recommended by
the commission.
(3)
The second regular member of the Zoning Board of Appeals shall
be a member of the Township Board.
(4)
The remaining three regular members of the Zoning Board of Appeals
and the two alternate members shall be selected from the electors
of the Township. The members selected shall be representative of the
population distribution and of the various interests present in the
Township. All such members must reside outside of incorporated cities
and villages.
(5)
An elected official of the Township shall not serve as chair
or vice-chair of the Zoning Board of Appeals.
(6)
An employee or contractor of the Township Board may not serve
as a regular or alternate member of the Zoning Board of Appeals.
(7)
A member shall disqualify himself from participating in a vote
in which the member has a conflict of interest, as defined in the
Zoning Board of Appeals' rules of procedure. The member's failure
to disqualify himself from participating shall constitute malfeasance
in office.
(8)
The Township Board may remove a member of the Zoning Board of
Appeals for misfeasance, malfeasance or nonfeasance in office upon
written charges and after public hearing.
(9)
An alternate member shall be called to serve in place of a regular
member as follows:
a.
When a regular member is absent from or will be unable to attend
a Zoning Board of Appeals meeting.
b.
When a regular member will be abstaining from participating
in consideration of a case in which the regular member has a conflict
of interest.
c.
When called to serve, an alternate member has the same voting
rights as a regular member and shall participate in the hearing of
a case until a final decision is made.
(10)
The terms of office for members appointed to the Zoning Board
of Appeals shall be for three years, except for members serving because
of their membership on the Planning Commission or Township Board,
whose terms shall be limited to the time they are members of those
bodies. A successor shall be appointed not more than one month after
the term of the preceding member has expired. All vacancies for unexpired
terms shall be filled for the remainder of the term.
(d)
Organization and procedures.
(1)
Rules of procedure. The Zoning Board of Appeals shall adopt
its own rules of procedure as may be necessary to conduct its meetings
properly.
(2)
Majority vote. The concurring vote of three members of the Zoning
Board of Appeals shall be necessary to reverse any order, requirement,
decision, or determination of any Township officer or official charged
with interpreting or enforcing the provisions of this chapter, to
decide in favor of the applicant in any matter upon which they are
required to pass under this chapter, or to effect any variation in
this chapter.
(3)
Meetings. Meetings shall be open to the public and shall be
held at the call of the chairperson and at such other times as the
Zoning Board of Appeals shall specify in its rules of procedure. The
Zoning Board of Appeals shall not conduct business unless a majority
of the regular members of the Zoning Board of Appeals are present.
(4)
Records. Minutes shall be recorded of all proceedings which
shall contain evidence and data relevant to every case considered
together with votes of the members and the final disposition of each
case. Such minutes shall be filed in the office of the Township Clerk
and shall be a public record.
(5)
Secretary and counsel. The Township Clerk shall act as the secretary
of the Zoning Board of Appeals and all records of the board's action
shall be taken and recorded under the clerk's direction. The Township
Attorney may act as legal counsel for the Zoning Board of Appeals,
unless the Township Board otherwise provides.
(6)
Hearings. After proper notice, the Zoning Board of Appeals shall
hold a hearing on each request or appeal filed properly with the secretary.
The board may recess such hearings from time to time. The applicant
may appear in person or by agent or attorney. The chairperson, or
acting chairperson in substitution of, may administer oaths and compel
the attendance of witnesses.
(7)
Decisions. The Zoning Board of Appeals shall return a decision
upon each case within a reasonable time after a request or appeal
has been filed with the board. Any decision of the board shall be
final when made.
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Cross reference: Boards and commissions, § 2-171 et seq.
State law reference: Zoning board of appeals, MCL
125.288 et seq.
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[Code 1974, § 81-2.3]
The Planning Commission, as established by § 2-286, shall have the following powers and duties under this chapter. For a complete list of the Planning Commission's powers and duties refer to § 2-289:
(1)
Special use permits. To hear and decide, upon application, requests for special use permits and major amendments to special use permits as defined in § 86-129(b), in accordance with procedures set forth in this division.
(2)
Zoning text amendments. To initiate, hear, and make recommendations
to the Township Board on amendments to the text of this chapter, in
accordance with procedures set forth in this division.
(3)
Zoning Map amendments. To initiate, hear, and make recommendations
to the Township Board on amendments to the official Township Zoning
Map, in accordance with procedures set forth in this division.
(4)
Status reports. Periodically reports to the Township Board on the
status of the Township's zoning and planning administration.
[Code 1974, § 81-2.4]
The Director of Community Planning and Development shall have
the following powers and duties under this chapter:
(1)
Interpretations. To interpret the provisions within this chapter
concerning the intent, purposes, and enforcement subject to appeal
to the Zoning Board of Appeals, including all amendments and interpretations.
(2)
Permits. Upon application, review, and approve or deny requests for
building permits, grading permits, and temporary use permits, in accordance
with procedures set forth in this division.
(3)
Special use permits. To hear and decide, upon application, requests for minor amendments to special use permits as defined in § 86-129(c), in accordance with procedures set forth in this division.
(4)
Site plan review. Review and approve, approve with conditions, or
deny site plans, in accordance with procedures set forth in this division.
(5)
Development compliance. Inspect all development projects for compliance
with this chapter and issue or deny issuance of certificates of occupancy.
(6)
Enforcement. Investigate alleged violations of this chapter and take
appropriate action as set forth in this division.
(7)
Notification of actions. Notify applicants of actions taken by the
Township Board, Zoning Board of Appeals, and the Planning Commission
under this chapter.
(8)
Record maintenance. Maintain permanent records of all permits and
certificates issued or denied and all actions taken by the Planning
Commission, and the director.
(9)
Zoning Map. Maintain the official Township Zoning Map for the Township
Clerk.
(10)
Administration. Receive all applications for amendments, site plans,
variances, special use permits; conduct field inspections, surveys,
and investigations; prepare maps, charts, and other pictorial materials
when necessary or desirable; and otherwise process applications and
provide administrative assistance to the Planning Commission, the
Zoning Board of Appeals, the Township Board, and committees of such
entities; report to the applicable board, commission, or committee;
and provide requested recommendations.
(11)
Amendments. Propose and recommend the enactment of amendments of
this chapter for the purpose of improving the administration or enforcement
of this chapter.
(12)
Planning Commission. Assist and advise the Planning Commission and
be responsible for carrying out the directives of the Planning Commission.
(13)
Township Board. Assist and advise the Township Board and be responsible
for carrying out the directives of the Township Board.
[Ord. No. 2007-12, 10-28-2007]
(a)
Purpose. The purpose of this section is to provide the notice requirements
for Zoning Map amendments, special use permits, variances, site specific
appeals of a decision made by the Director of Community Planning and
Development, site specific interpretations of the Code of Ordinances,
appeals of decisions made by the Planning Commission, planned unit
developments, mixed use planned unit developments, and any other request
that requires a public hearing per the Michigan Zoning Enabling Act
PA 110 of 2006 (MCL § 125.3101 et seq.). The notice provisions
are not intended to include non-site specific appeals of a decision
made by the Director of Community Planning and Development, non-site
specific interpretations of the Code of Ordinances, a change to the
text of the zoning ordinance, or site plan review.
(b)
Notice of public hearing. Notification of the public hearing shall
be given as follows:
(1)
A notice of public hearing shall be published in at least one
newspaper of general circulation in the Township not less than 15
days prior to the date of the hearing.
(2)
A notice of public hearing shall be delivered personally or
by mail to the parties making the request, owner(s) of the property
if different than applicant, and to all persons to whom real property
is assessed located within 300 feet of the boundary of the property
in question at the address listed on the most recent assessment roll,
and to the occupants of all structures within 300 feet of the boundary
of the property in question. If the name of the occupant is not known,
the term "occupant" may be used.
(3)
Notification shall be given not less than 15 days before the
date of the hearing. The notice shall contain all of the following
information:
a.
Indicate the date, time, and place of the hearing.
b.
Describe the nature of the request.
c.
Indicate the property which is the subject of request, including
any existing street addresses for the site.
d.
State when and where the request may be examined.
e.
Indicate when and where written comments will be received concerning
the request.
(4)
When the Planning Commission is scheduled to hold a public hearing pursuant to Subsection 86-94(1) or (2), notice of the date, time, and place of the public hearing shall also be given by mail to each electric, gas and pipeline public utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport, that registers its name and mailing address with the Township Clerk for the purpose of receiving the notice of public hearing.
(5)
The applicant, where required, shall post a notice of the public
hearing on the subject site at least 15 days prior to the hearing
on a form provided by the Township. This subsection shall not apply
to variances, appeals of a decision made by the Director of Community
Planning and Development, interpretations, planned unit developments,
and mixed use planned unit developments.
