A.
The Township Board of Trustees or its duly authorized representatives
as specified in this article is hereby charged with the duty of enforcing
the provisions of this chapter. Accordingly, the administration of
this chapter is hereby vested in the following Township entities:
B.
The purpose of this article of the Zoning Ordinance is to set forth
the responsibilities and scope of authority of these entities.
The Township Board of Trustees shall have the following responsibilities
and authority pursuant to this chapter.
A.
Adoption of Zoning Ordinance and amendments. Pursuant to the authority
conferred by Michigan Public Act 110 of 2006, as amended (MCL § 125.3101
et seq.), the Township Board of Trustees shall have the authority
to adopt this chapter, as well as amendments, including map amendments
and conditional rezoning agreements, previously considered by the
Planning Commission or at a hearing or as decreed by a court of competent
jurisdiction.
B.
Adoption of a master plan. In accordance with Michigan Public Act
33 of 2008, as amended (MCL § 125.3801 et seq.), the Township
Board may adopt a master plan. Specifically, Section 43(3) provides
that where it has been asserted by resolution, after approval of the
proposed master plan by the Planning Commission, the Township Board
shall approve or reject the proposed master plan.
C.
Setting of fees. In accordance with § 42-11.06 of this chapter and Section 406 of Michigan Public Act 110 of 2006,[1] as amended, the Township Board shall have the authority
to set all fees for permits, applications, and requests for action
pursuant to the regulations set forth in this chapter. In the absence
of specific action taken by the Township Board to set a fee for a
specific permit or application, the appropriate Township administrative
official shall assess the fee based on the estimated costs of processing
and reviewing the permit or application.
[1]
Editor's Note: See MCL § 125.3406.
The Township Planning Commission shall have the following responsibilities
and authority pursuant to this chapter.
B.
Membership and operation.
(1)
Members of the Planning Commission shall be appointed by the
Township Supervisor with the approval of the Township Board. The qualifications
of members, the term of each member, filling of vacancies, removal
of members, compensation of members, and operation of the Planning
Commission shall be in accordance with Michigan Public Act 33 of 2008,[2] as amended, and Township ordinance.
[2]
Editor's Note: See MCL § 125.3801 et seq.
(2)
The Planning Commission by resolution shall determine the time
and place of meetings. A special meeting may be called by either two
members upon written request to the Secretary, or by the Chairperson.
The Planning Commission shall adopt rules for the transaction of business,
and shall keep a public record of its resolutions, transactions, findings,
and determinations.
C.
Jurisdiction. The Planning Commission shall discharge the following
duties pursuant to this chapter:
(1)
Formulation of Zoning Ordinance and amendments. The Planning
Commission shall be responsible for formulation of the Zoning Ordinance,
review of amendments to the Zoning Ordinance, holding hearings on
a proposed Zoning Ordinance or amendments, and reporting its findings
and recommendations concerning the Zoning Ordinance or amendments
to the Township Board.
(2)
Site plan review. The Planning Commission shall be responsible for review of applications for site plan approval in accordance with § 42-11.02. The Planning Commission shall be responsible for granting approval, approval with conditions, or denial of a site plan.
(3)
Special land use permit. The Planning Commission shall be responsible
for holding hearings regarding all applications for special land use
approval in accordance with section. The Planning Commission shall
be responsible for granting approval, approval with conditions, or
denial of a special land use permit.
(4)
Planned unit development review. The Planning Commission shall
be responsible for holding hearings and review of all applications
for planned unit development in accordance with section. The Planning
Commission shall be responsible for granting approval, approval with
conditions, or denial of a planned unit development proposal.
(6)
Review of matters referred by the Township Board. The Planning
Commission shall be responsible for review of plats or other matters
relating to land development referred to it by the Township Board.
The Planning Commission shall recommend appropriate regulations and
action on such matters.
(7)
Report on operation of the Zoning Ordinance. In accordance with
Section 308(2) of Michigan Public Act 110 of 2006,[4] as amended, the Planning Commission shall periodically
prepare for the Township Board a report on the operations of the Zoning
Ordinance including recommendations as to the enactment of amendments
or supplements to the chapter.
[4]
Editor's Note: See MCL § 125.3308(2).
The Township Zoning Board of Appeals (hereinafter referred to
as "ZBA") is created pursuant to Michigan Public Act 110 of 2006,[1] as amended.
A.
Membership and operation. Members of the ZBA shall be appointed by
a majority vote of the members of the Township Board. The qualifications
of members, the term of each member, filling of vacancies, removal
of members, compensation of members, and operation of the ZBA shall
be in accordance with Michigan Public Act 110 of 2006,[2] as amended.
(1)
The ZBA shall consist of five members. One member shall be a
member of the Township Planning Commission.
(2)
The remaining members (including any alternate members) shall
be electors of the Township residing outside of incorporated cities
and villages, and shall be representative of the population distribution
and of the various interests present in the Township.
(3)
A member of the Township Board may be a regular member of the
ZBA, but shall not serve as Chair.
(4)
No employee or contractor of the Township may be a member or
employee of the ZBA.
(5)
The ZBA shall not conduct business unless a majority of the
members of the Board are present.
(6)
The Township Board may appoint up to two alternate members for
the same term as regular members to the ZBA. An alternate member may
be called to serve as a member of the ZBA in the absence of a regular
member if the regular member will be unable to attend one or more
meetings. An alternate member may also be called to serve as a member
for the purpose of reaching a decision on a case in which the member
has abstained for reasons of conflict of interest. The alternate member
appointed shall serve in the case until a final decision is made.
The alternate member has the same voting rights as a regular member
of the ZBA.
(7)
Meetings of the ZBA shall be held in accordance with an adopted
schedule, or at the call of the Chairperson, or at such other times
as the ZBA may specify in its rules and procedures.
(8)
The ZBA shall state the grounds of each determination, and shall
maintain a record of its proceedings, which shall be filed in the
office of the Township Clerk.
[2]
Editor's Note: See MCL § 125.3101 et seq.
B.
Jurisdiction. The ZBA shall have all the powers and jurisdiction
granted by applicable laws and prescribed in this chapter, including
the following:
(1)
Appeals.
(a)
The ZBA has the jurisdiction and power to hear and decide appeals
from and review any order, requirement, decision or determination
made by the Zoning Administrator. The ZBA may reverse or affirm, wholly
or partly, or may modify the order, requirement, decision or determination
as in its opinion ought to be done, and to that end it shall have
all the powers of the Zoning Administrator and may issue or direct
the issuance of a permit.
(b)
The ZBA shall not have the authority to consider an appeal of
a decision concerning a special land use or a planned unit development.
(2)
Interpretation. The ZBA has the jurisdiction and power to act
upon all questions as they may arise in the administration and enforcement
of this chapter, including the interpretation of the Zoning Map.
(3)
Non-use variance. The
ZBA has the jurisdiction and power to authorize a non-use variance
relating to the construction, structural changes, or alteration of
buildings or structures related to dimensional requirements of this
chapter or to any other non-use-related requirement in this chapter.
[1]
Editor's Note: See MCL § 125.3101 et seq.
A.
Overview. As specified throughout this chapter, certain actions necessary
for the implementation of this chapter shall be administered by the
Township Zoning Administrator, or their duly authorized assistants,
agents or representatives. In carrying out their designated duties,
all such enforcement officers shall administer the chapter precisely
as it is written and shall not make changes or vary the terms of the
chapter.
B.
Responsibilities of the Township Zoning Administrator. In addition
to specific responsibilities outlined elsewhere in this chapter, the
Zoning Administrator shall have the following responsibilities:
(1)
Provide citizens and public officials with information relative
to this chapter and related matters.
(2)
Assist applicants in determining and completing appropriate
forms and procedures related to site plan review, rezoning, and other
zoning matters.
(3)
Review and investigate permit applications to determine compliance
with the provisions of the Zoning Ordinance.
(4)
Issue appropriate permits upon compliance with provisions of
this chapter and other applicable ordinances.
(5)
Inform the Building Official of all issued and denied zoning
compliance permits, and otherwise coordinate with the Building Official
regarding all permit applications reviewed that may have implications
for the responsibilities of the Building Official.
(6)
Perform inspections of property to insure proposed land use
changes or improvements are in compliance with this chapter.
(7)
Investigate alleged violations of this chapter and enforce appropriate
corrective measures in accordance with policies established by the
Township Board and otherwise provided by law.
(8)
Perform other related duties required to administer this chapter.
(9)
Maintain records of all inspections, applications and permits
issued, with all special conditions recorded.
