[1]
State law reference: Appeals, MCL 125.290 et seq.
[Code 1974, § 81-3.4(A)]
The purpose of this division is to establish the procedures by which an appeal of a decision or interpretation of the Director of Community Planning and Development or the Planning Commission may be made.
[Code 1974, § 81-3.4(B); Ord. No. 2007-12, 10-28-2007; Ord. No. 2009-04, 6-28-2009]
Except for decisions regarding special use permits and planned unit development decisions, an aggrieved person, officer, department, board, or bureau of state government may appeal any administrative order or decision of the Director of Community Planning and Development or administrative official charged with enforcement of the zoning ordinance to the Zoning Board of Appeals. Appeals shall be made in accordance with the following procedures:
(1) 
Procedures.
a. 
Notice of appeal. A notice of appeal is a written statement specifying the grounds for appeal, the date of the decision, and supporting materials related to the decision. A notice of appeal must be filed with the Department of Community Planning and Development within 10 days of the date of the decision of the Director of Community Planning and Development.
b. 
Hearing. When a notice of appeal has been filed in proper form with the Department of Community Planning and Development, it shall be placed on the Zoning Board of Appeals' calendar for a hearing, as applicable.
c. 
Notice of public hearing. Notices shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances.
d. 
Decision. In its determination of the appeal, the decision shall be made by a concurring vote of a majority of the members of the Zoning Board of Appeals. The Zoning Board of Appeals may take, but is not limited to, any of the following actions:
1. 
Affirm the decision of the Director of Community Planning and Development or administrative official with or without modification.
2. 
Reverse the decision of the Director of Community Planning and Development or administrative official and state its reason therefor.
3. 
Modify the decision of the Director of Community Planning and Development or administrative official.
e. 
Conditions. The Zoning Board of Appeals may require reasonable conditions in its decisions in order to further the intent and purpose of this chapter.
f. 
Notice of decision. The Director of Community Planning and Development shall notify the parties making the request in writing of the Zoning Board of Appeals' decision.
(2) 
Stay of proceedings. An appeal of any administrative order, requirement, decision, or determination, stays all proceedings in furtherance of the action appealed unless the Director of Community Planning and Development, body, or officer certifies to the Zoning Board of Appeals that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals or by the circuit court.
(3) 
Authority transferred. When the Zoning Board of Appeals is reviewing a site plan; or an order, requirement, decision, interpretation, or determination of the Director of Community Planning and Development or administrative official, the board shall have all of the powers of the director as to that appeal.
[Code 1974, § 81-3.4(C); Ord. No. 2007-12, 10-28-2007; Ord. No. 2009-04, 6-28-2009]
The decision of the Director of Community Planning and Development to approve or deny a minor amendment to a special use permit or planned unit development may be appealed by an aggrieved person to the body making the original decision, Township Board or Planning Commission. Appeals shall be made in accordance with the following procedures:
(1) 
Procedures for appeals to the Township Board or Planning Commission.
a. 
Notice of appeal. A notice of appeal is a written statement specifying the grounds for appeal, the date of the decision, and supporting materials related to the decision. A notice of appeal must be filed with the Department of Community Planning and Development within 10 days of the date of the decision made by the Director of Community Planning and Development.
b. 
Hearing. When a notice of appeal has been filed in proper form with the Department of Community Planning and Development, the request shall be placed on the Township Board's or Planning Commission's agenda for a hearing, as applicable.
c. 
Notice of public hearing. Notices shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances.
d. 
Decision. In its determination of the appeal, the Township Board or Planning Commission may take, but is not limited to, any of the following actions:
1. 
Affirm the decision of the Director of Community Planning and Development with or without modification.
2. 
Reverse the decision of the Director of Community Planning and Development and state its reason therefor.
3. 
Refer the matter back to the Director of Community Planning and Development for further hearings or other action prior to final determination of the appeal by the Township Board or Planning Commission.
4. 
Refer the matter to the Zoning Board of Appeals if the issue appears to be a matter of interpretation of the provisions of this chapter.
e. 
Notice of decision. The Director of Community Planning and Development shall notify the parties making the request in writing of the Township Board's or Planning Commission's decision.
(2) 
Authority transferred. When the Township Board or Planning Commission is reviewing the Director of Community Planning and Development's approval or denial of a minor amendment to a special use permit or planned unit development, the Township Board or Planning Commission shall have all of the powers of the director.
[Code 1974, § 81-3.4(D); Ord. No. 2007-12, 10-28-2007; Ord. No. 2009-04, 6-28-2009]
An aggrieved person may appeal a decision of the Planning Commission in the granting or denial of a special use permit to the Township Board in accordance with the following procedures:
(1) 
Procedures.
a. 
Notice of appeal. A notice of appeal is a written statement specifying the grounds for appeal, the date of the decision, and supporting materials related to the decision. A notice of appeal must be filed with the Department of Community Planning and Development within 10 days of the date of the decision made by the Planning Commission.
b. 
Hearing. When a notice of appeal has been filed in proper form with the Department of Community Planning and Development, the request shall be placed on the Township Board's calendar for hearing within 30 days.
c. 
Notice of public hearing. Notices shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances.
d. 
Decision. In its determination of the appeal, the Township Board may take, but is not limited to, any of the following actions:
1. 
Affirm the decision of the Planning Commission with or without modification.
2. 
Reverse the decision of the Planning Commission and state its reason therefor.
3. 
Refer the matter back to the Planning Commission for further hearings or other action prior to final determination of the appeal by the Township Board.
4. 
Refer the matter to the Zoning Board of Appeals if the issue appears to be a matter of interpretation of the provisions of this chapter.
e. 
Notice of decision. The Director of Community Planning and Development shall transmit in writing to the parties making the request notification of the Township Board's decision.
(2) 
Authority transferred. When the Township Board is reviewing an appeal from a decision of the Planning Commission on a special use permit or a site plan approval, the Township Board shall have all of the powers of the Planning Commission as to that appeal.