Buchanan Township City Zoning Code
ARTICLE XXVII
Zoning Administration
§ 300-27.01 Responsibilities.
The Zoning Administrator, or his/her duly authorized representative as specified in this chapter, is hereby charged with the duty of enforcing the provisions of this chapter. Furthermore, administrative responsibilities are vested in the following Township entities:
The purpose of this article is to set forth the scope of authority of these entities.
§ 300-27.02 Township Board.
The Township Board shall have the following responsibilities and authority pursuant to this chapter.
Adoption of zoning ordinance and amendments. In accordance with the intent and purposes expressed in the Preamble to this Ordinance, and pursuant to the authority conferred by the Michigan Zoning Enabling Act, Act 110 of 2006, MCLA § 25.3101 et seq., as amended, the Township Board shall have the authority to adopt this Ordinance, any amendments to this Ordinance which have been previously considered by the Planning Commission at a hearing, or as decreed by a court of competent jurisdiction.
Setting of fees. The Township Board shall, by resolution, 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 Township Supervisor shall assess the fee based on the estimated costs of processing and reviewing the permit or application.
Approval of Planning Commission members. In accordance with the Michigan Zoning Enabling Act, Act 110 of 2006, as amended, members of the Planning Commission and regular and alternate members of the Zoning Board of Appeals shall be appointed by the Township Supervisor with the approval of the Township Board, or by the Township Board, as provided in the Act.
§ 300-27.03 Township Planning Commission.
Creation. The Township Planning Commission is created pursuant to Michigan Public Act 33 of 2008, as amended, the Michigan Planning Enabling Act, MCLA §§ 125.3801 et seq. The Planning Commission shall have all the powers and duties provided pursuant to the Michigan Zoning Enabling Act, Act 110 of 2006, as amended.
Jurisdiction. The Planning Commission shall discharge the following duties pursuant to this chapter:
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.
Site plan review. The Planning Commission shall be responsible for review of applications for site plan approval in accordance with Article XXIII and making recommendations on approval or denial to the Township Board.
Special use review. The Planning Commission shall be responsible for holding hearings and review of all applications for special use approval in accordance with Article XXIV of this chapter and making recommendations to the Township Board on approval or denial.
Planned unit development review. The Planning Commission shall be responsible for holding hearings and review of all applications for PUD, and in making recommendations to the Township Board regarding approval, approval with conditions, or denial of a proposed PUD in accordance with Article XIV. Because the Township Board shall be responsible for granting approval, approval with conditions, or denial of a planned unit development proposal, the Township Board is also required to hold a public hearing on a proposed PUD in accordance with Article XIV.
§ 300-27.04 Zoning Board of Appeals.
The Zoning Board of Appeals shall act on all questions as they may arise in the administration of this chapter, including the interpretation of the Zoning Map. The Zoning Board of Appeals shall also hear and decide appeals from any order, requirements, decision, or determination made by an administrative official or body charged with enforcement of this chapter; and shall hear and decide matters referred to it or upon which it is required to pass under this chapter. The Zoning Board of Appeals shall not have the power to alter or change zoning district classification of any property. The creation responsibilities and limitations of power of the Zoning Board of Appeals are further specified in Article XXVI of this chapter.
§ 300-27.05 Zoning enforcement officials.
Establishment of enforcement officials. As specified throughout this chapter, certain actions necessary for the implementation of this chapter shall be administered by the Township Supervisor or his/her duly authorized assistants or representatives. In carrying out designated duties, enforcement officers shall administer the chapter precisely as it is written and shall not make changes or vary the terms of this chapter.
Responsibilities of the Zoning Administrator. The Zoning Administrator shall be appointed by the Township Supervisor with approval of the Township Board and shall serve under the direction of the Township Supervisor. The Township Zoning Administrator shall have the following responsibilities:
Provide citizens and public officials with information relative to this chapter and related matters.
Assist applicants in determining the appropriate forms and procedures related to site plan review, zoning, and other zoning matters.
Review all applications for site plan review, special use review, planned development proposals, and take any action required as outlined in this chapter.
Forward to the Planning Commission all applications for site plan review, special use review, planned unit development proposals, petitions for amendments to this chapter, and other applications which must be reviewed by the Planning Commission.
Forward to the Zoning Board of Appeals all materials related to applications for appeals, variances, of other matters on which the Zoning Board of Appeals is required to act.
Forward to the Township Board all recommendations of the Planning Commission concerning matters on which the Township Board is required to take final action.
Periodically report to the Planning Commission on the status of Township zoning and planning administration.
Maintain an up-to-date Zoning Map, Zoning Ordinance text, and office records by recording all amendments and filing all official minutes and other documents in an orderly fashion.
Maintain a record of all nonconforming uses, structures, and lots existing on the effective date of this chapter, and update this record as conditions affecting the nonconforming status of such uses or structures changes.
Issue zoning compliance permits.
Make inspections of buildings or premises necessary to carry out his/her duties in the enforcement of this chapter.
Conformance with this chapter. It shall be unlawful for the Zoning Administrator to approve any plans or issue any zoning permits or certificates of occupancy until he/she has inspected such plans in detail and found them to conform with this chapter.
Violations. If the Zoning Administrator shall find that any of the provisions of this chapter are being violated, the Zoning Administrator shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary for correction. The Zoning Administrator shall order discontinuance of illegal uses of land, building, or structures; removal of illegal changes; discontinuance of any illegal work being done; and shall take any other action authorized by this chapter or general law to ensure compliance with or to prevent violation of the provisions of this chapter.
Duties and limitations of the Building Inspector. It shall be unlawful for the Building Inspector to approve any plans or issue a building permit for any excavation or construction or use until the Zoning Administrator has inspected such plans in detail and has found them in compliance with this chapter.