Burtchville Township
City Zoning Code
City Zoning Code
ZONING BOARD
OF APPEALS
§ 154.170 CREATION AND MEMBERSHIP.
(A) A Zoning Board of Appeals (ZBA) is hereby created, which shall perform its duties and exercise its powers as provided in § 18 of Public Act 184 of 1943, being M.C.L.A. §§ 125.271 through 125.301, as amended, and in a way that the objectives of this chapter shall be observed, public safety secured and substantial justice done.
(B) The Board shall consist of the following three members:
(1) The first member shall be a member of the Township Planning Commission, for the term of his or her office; and
(2) The remaining members shall be appointed to represent various interests present in the township and shall be appointed by the Township Board from among the electors residing in the unincorporated area of the township. However, no employee or contractor of the township may serve on the Zoning Board of Appeals or be an employee of it. An elected official of the township may not be Chairperson of the Zoning Board of Appeals.
(C) Terms 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 the Planning Commission or Township Board respectively, and the period stated in the resolution appointing them.
(1) When members are first appointed, the appointments may be for less than three years to provide for staggered terms.
(2) A successor shall be appointed not more than one month after the term of the preceding member has expired.
(3) Vacancies for unexpired terms shall be filled for the remainder of the term.
(D) The Township Board may appoint not more than two alternate members for the same term as regular members to the ZBA. An alternate member may be called to serve as a regular member of the ZBA in the absence of a regular member if:
(1) The regular member is absent from or will be unable to attend two or more consecutive meetings of the ZBA; or
(2) The regular member will be unable to attend meetings for a period of more than 30 consecutive days.
(E) An alternate member may also be called to serve as a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest.
(1) The Chairperson shall determine when to summon an alternate.
(2) The alternate member appointed shall serve in the case until a final decision is made.
(3) The alternate member has the same voting rights as a regular member of the ZBA.
(Ord. passed 6-28-2006)
§ 154.171 MEETINGS.
(A) All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at other times as the ZBA may specify in its rules of procedure.
(B) All hearings conducted by the ZBA shall be open to the public.
(C) The Zoning Board of Appeals shall adopt its own rules of procedure and keep a record of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating the fact; and shall file a record of its proceedings in the office of the Township Clerk, and shall be public record.
(D) The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or the Planning Commission, to decide in favor of an applicant any matter upon which they are required to pass under this chapter or to effect any variation in this chapter.
(E) The ZBA shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.
(Ord. passed 6-28-2006)
§ 154.172 APPEAL.
(A) An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision of the Zoning Administrator or the Planning Commission.
(B) The exceptions are special land use decisions by the Planning Commission, as provided in § 154.097(B).
(C) The appeal to the ZBA shall be made within such time as shall be prescribed by the Zoning Board of Appeals by general rule, by filing with the Zoning Administrator and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof.
(D) The Zoning Administrator shall forthwith transmit to the ZBA all of the papers constituting the record upon which the action appealed from was taken.
(E) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Zoning Board of Appeals after notice of appeal has been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by a court of record.
(F) The ZBA shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay.
(G) Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.
(Ord. passed 6-28-2006)
§ 154.173 FEES.
The Township Board may from time to time prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the Zoning Board of Appeals. At the time the notice for appeal is filed the fee shall be paid to the township.
(Ord. passed 6-28-2006)
§ 154.174 JURISDICTION.
(A) The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this chapter, but does have power to act on those matters where this chapter provides for an administrative review, interpretation or exception and to authorize a variance as defined in this section and laws of the state.
(B) The powers include:
(1) Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Administrator or any other administrative official in carrying out or enforcing any provisions of this chapter.
(2) Variance.
(a) To authorize, upon an appeal, a variance from the strict application of this chapter under the following conditions:
1. The property was characterized by exceptional narrowness, shallowness, shape or area at the time the ordinance became effective;
2. The property possesses exceptional topographic conditions or other extraordinary or exceptional conditions;
3. The above condition was not self-created by the applicant or past property owner subsequent to the effective date of the ordinance;
4. The strict application of the ordinance would result in peculiar or exceptional practical difficulties or exceptional hardship for the property owner; and
5. The proposed variance will not substantially harm the public good or substantially impair the intent and purposes of the ordinance.
(b) In granting a variance, the ZBA may attach conditions regarding the location, character and other features of the proposed change(s) to the property as it may deem reasonable to improve the degree to which the proposed change(s) meet the requirements and intent of the ordinance.
(c) In granting a variance, the ZBA shall state in writing the findings upon which it justifies granting a variance and any conditions it has attached.
(d) The Zoning Board of Appeals does not have the authority to grant “use” variances, except as is specifically provided for in division (B)(5) below. The authority to designate permitted uses and special land use approvals is a legislative function and resides exclusively with the Township Board. The Zoning Board of Appeals may, however, interpret whether a proposed use (not expressly designated in a given district) falls under the definition of a stated permitted use.
(3) Exceptions and other appeals.
(a) To hear and decide in accordance with the provisions of this chapter; requests for interpretation of the zoning map or ordinance; appeals from the decision of the Zoning Administrator, and on any provisions of this chapter that the Zoning Board of Appeals are required to pass.
(b) Also, the Zoning Board of Appeals shall hear and decide on any exceptions subject to conditions as the ZBA may require to preserve and promote the character of the zoning district in question and otherwise promote the purpose of this chapter, including the following:
1. Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of this plan, as shown upon the zoning map fixing the use districts, accompanying and made a part of this chapter, where street layout actually on the ground varies from the street layout as shown on the map aforesaid;
2. Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the Planning Commission;
3. Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, the modification will not be inconsistent with the purposes and intent of the requirements;
4. Permit the modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot that is of a shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without the modification;
5. Permit temporary buildings and uses for periods not to exceed six months. Not more than two extensions of three months each may be granted upon a showing of good cause. Extensions as provided for above may be specifically granted for construction purposes. A cash deposit as designated by the Township Board, by resolution, shall be held for a temporary building with refund upon removal. (Also see § 154.153 for temporary exceptions under Zoning Administrator permit.); and
6. Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed six months with the granting of six-month extensions being permissible: provided the use does not require the erection of any capital improvement of a structural nature, including a mobile home. A cash deposit as designated by the Township Board, by resolution, shall be held for a temporary use placement with refund upon removal.
(c) The Zoning Board of Appeals, in granting permits for the above temporary uses, shall do so under the following conditions:
1. The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district not on the property wherein the temporary use is permitted;
2. The granting of a temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of the temporary permit;
3. All setbacks, land coverage, off-street parking, lighting and other requirement to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the township shall be made at the discretion of the Zoning Board of Appeals;
4. In classifying the uses as not requiring capital improvement, the Zoning Board of Appeals shall determine that they are either de-mountable structures related to the permitted use of the land, or structures which do not require foundations, heating systems or sanitary connections; and
5. The use shall be in harmony with the general character of the district.
(4) Light, air, congestion, danger and the like. Before making any variance from the zoning ordinance in a specific case, the ZBA shall first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public safety, health, comfort, morals or welfare of the inhabitants of the township.
(5) Limitation of jurisdiction. Nothing herein contained shall be construed to give or grant to the ZBA the power or authority to alter or change this chapter or the zoning map, the power and authority being reserved to the Township Board of Trustees, in the manner provided by law.
(Ord. passed 6-28-2006)
§ 154.175 ORDERS.
In exercising the above powers, the ZBA may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Zoning Administrator from whom the appeal is taken.
(Ord. passed 6-28-2006)
§ 154.176 NOTICE.
(A) The ZBA shall make no recommendation except in a specific case and after a public hearing conducted by the ZBA.
(B) It shall by general rule or in specific cases, determine the interested parties who, in the opinion of the ZBA, may be affected by any matter brought before it, which shall in all cases include all owners of record of property within 300 feet of the premises in question, the notices to be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll shall be given 15 days prior to the hearing.
(C) The ZBA may require any party applying to the ZBA for relief to give the notice to other interested parties, as it shall prescribe.
(Ord. passed 6-28-2006; Ord. passed 7-6-2010)
§ 154.177 LAPSE OF APPROVAL.
(A) No order of the ZBA permitting the erection of a building shall be valid for a period longer than one year, unless a building permit for the erection or alteration is obtained within that period and the erection or alteration is started and proceeds to completion in accordance with the terms of the permit.
(B) No order of the ZBA permitting a use of a building or premises shall be valid for a period longer than one year unless the use is established within that period, provided, however, that where the use permitted is dependent upon the erection or alteration of a building, the order shall continue in force and effect if a building permit for the erection or alteration is obtained within that period and the erection or alteration is started and proceeds to completion in accordance with the terms of the permit.
(Ord. passed 6-28-2006)
§ 154.178 APPEAL TO CIRCUIT COURT.
(A) Decisions of the Zoning Board of Appeals shall be final. However, a person having an interest affected by a decision of the ZBA may appeal to Circuit Court. Upon appeal, the Circuit Court shall review the record and decision of the ZBA to ensure that the decision:
(1) Complies with the constitution and laws of the state;
(2) Is based upon proper procedure;
(3) Is supported by competent material and substantial evidence on the record; and
(4) Represents the reasonable exercise of discretion granted by law to the Zoning Board of Appeals.
(B) If the court finds the record of the Zoning Board of Appeals inadequate to make the review required by this section, or that there is additional evidence which is material and with good reason was not presented to the Zoning Board of Appeals, the court shall order further proceedings before the Zoning Board of Appeals on conditions which the court considers proper.
(1) The Zoning Board of Appeals may modify its findings and decision as a result of the new proceedings, or may affirm its original decision.
(2) The supplementary record and decision shall be filed with the court.
(C) As a result of the review required by this section, the court may affirm, reverse or modify the decision of the Zoning Board of Appeals.
(Ord. passed 6-28-2006)
§ 154.999 PENALTY.
(A) The words MUNICIPAL CIVIL INFRACTION mean an act or omission that is prohibited by ordinance of the township, but which is not a crime under this chapter, and for which civil sanctions, including, without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of Public Act 236 of 1961, being M.C.L.A. §§ 600.101 et seq., as amended.
(B) A municipal civil infraction is not a lesser-included offense of a violation of this chapter that is a criminal offense.
(1) Penalties and sanctions. A person who violates any provision of this chapter is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50 or more than $100, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided herein.
(2) General penalties and sanctions for violations of the township zoning ordinance: continuing violations injunctive relief.
(a) Except as otherwise set forth, a violation of this chapter of the township is specifically designated as a municipal civil infraction.
(b) The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount provided by this chapter, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 87 of Public Act 236 of 1961, being M.C.L.A. §§ 600.101 et seq., as amended, and other applicable laws.
1. Unless otherwise specifically provided for a particular municipal civil infraction violation by this chapter, the civil fine for a violation shall be not less than $50, plus costs and other sanctions, for each infraction.
2. Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this chapter.
a. As used in this section, REPEAT OFFENSE means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision: committed by a person within any six-month period (unless some other period is specifically provided by this chapter); and for which the person admits responsibility or is determined to be responsible.
b. Unless otherwise specifically provided by this chapter for a particular municipal civil infraction violation, the increased fine for a repeat offense shall be as follows:
i. The fine for any offense that is a first repeat offense shall be no less than $100, plus costs; and
ii. The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be no more than $200, plus costs.
3. A VIOLATION includes any act that is prohibited or made or declared to be unlawful or an offense by this chapter, and any omission or failure to act where the act is required by this chapter.
4. Each day on which any violation of this chapter continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
5. In addition to any remedies available at law, the township may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of this chapter.
(c) In addition to the rights and remedies herein provided to the township, any person violating any of the provisions of this chapter listed below shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $500, or be imprisoned in the county jail for a period not exceeding 90 days, or be both so fined and imprisoned. Each day the violation is continued or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
3. After receiving written notice, the intentional or material deviation from a Planning Commission approved site plan, or failure to comply with the amendment procedures outlined in § 154.150(H).
(3) Public nuisance per se. Any building or structure that is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
(4) Fines. The owner of any buildings, structure or premises or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of the violation shall be responsible for a separate civil infraction and shall be liable for the fines, costs and sanctions as herein provided.
(5) Each day a separate offense. A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.
(6) Rights and remedies are cumulative. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
(Ord. passed 6-28-2006; Ord. passed 1-22-2009)
APPENDIX A: BURTCHVILLE TOWNSHIP ZONING MAP
Click here to view map in PDF format (page 1)
APPENDIX B: BURTCHVILLE TOWNSHIP ZONING DETAIL
Click here to view map in PDF format (page 2)