The township board or its duly authorized representative as specified in this article is hereby charged with the duty of enforcing the provisions of this ordinance. Accordingly, the administration of this ordinance is hereby vested in the following township entities:

a.

Township board of trustees.

b.

Township planning commission.

c.

Zoning board of appeals.

d.

Zoning enforcement officials, including the building official and planning official.

The purpose of this article 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 ordinance.

A.

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 Michigan Public Act No. 184 of 1943 (MCL 125.271 et seq.), as amended, the township board of trustees shall have the authority to adopt this ordinance, as well as amendments previously considered by the planning commission or at a hearing or as decreed by a court of competent jurisdiction.

B.

Review and approval of plans. Township board review and approval shall be required for certain site plans, as specified in section 27.02, subsection C.8. Township board review and approval shall be required for all special land uses, in accordance with section 27.03, subsection B.10. Township board review and approval shall be required for all planned developments, in accordance with section 27.04, subsection F.

C.

Setting of fees. In accordance with section 27.08 of this ordinance and section 25 of Michigan Public Act No. 184 of 1943 [MCL 125.295], 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 ordinance. 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.

D.

Approval of planning commission members. In accordance with Michigan Public Act No. 168 of 1959 (MCL 125.321 et seq.), as amended, members of the planning commission shall be appointed by the township supervisor with the approval of the township board.

Cross reference— Boards, commissions and authorities, § 2-131 et seq.

The township planning commission shall have the following responsibilities and authority pursuant to this ordinance.

A.

Creation. The township planning commission is created and shall have all powers and duties pursuant to Michigan Public Act No. 33 of 2008 (MCL 125.3801 et seq.) as amended, the Michigan Planning Enabling Act (MPEA).

B.

Membership and operation. Members of the planning commission shall be appointed by the township supervisor with the approval of the township board of trustees. The membership shall be representative of the important segments of the community and shall also be representative of the entire territory of the township, to the extent practical. The qualifications of members, the term of each member, filling of vacancies, compensation of members, and operation of the planning commission shall be in accordance with Public Act No. 33 of 2008 (MCL 125.3801 et seq.), as amended.

In accordance with Public Act No. 33 0f 2008 (MCL 125.3821), the planning commission by resolution shall determine the time and place of meetings. The planning commission shall hold not less than four regular meetings each year. 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 ordinance:

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 of trustees.

2.

Site plan review. The planning commission shall be responsible for review of certain applications for site plan approval in accordance with section 27.02, sub-section C.7. As provided for in section 27.02, the planning commission shall be responsible for either making a determination to grant approval, approval subject to revisions, or denial of site plan approval, or it shall be responsible for making a recommendation for final action by the township board of trustees.

3.

Special land use review. The planning commission shall be responsible for holding hearings and review of all applications for special land use approval in accordance with Section 27.03, and making a recommendation to the township board of trustees to grant approval, approval subject to revisions, or denial of approval.

4.

Planned development review. The planning commission shall be responsible for holding hearings and review of all applications for planned development in accordance with Section 27.04. The planning commission shall be responsible for making a recommendation to the township board of trustees to grant approval, approval with conditions, or denial of a planned development proposal.

5.

Formulation of a basic plan. The planning commission shall be responsible for formulation and adoption of a basic plan (i.e., the Canton Township master land use plan) as a guide for the development of the Township, in accordance with Michigan Public Act No. 33 of 2008 (MCL 125.3837 et seq.), as amended.

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 of Trustees. The Planning Commission shall recommend appropriate regulations and action on such matters.

7.

Report on operation of the zoning ordinance. In accordance with Michigan Public Act No. 33 0f 2008 (MCL 125.3819), as amended, the planning commission shall periodically prepare for the township board of trustees a report on the operations and the status of planning activities, including recommendations regarding actions by the legislative body related to planning and development.

(Zoning Ord. Amd. 2011-2, 6-28-2011)

Cross reference— Boards, commissions and authorities, § 2-131 et seq.

A.

Creation. A Zoning Board of Appeals is hereby created, in accordance with MCL 125.3601 et seq., (a part of PA 110 of 2006).

B.

Membership. The Zoning Board of Appeals shall consist of five regular members and two alternate members, as outlined below.

1.

Appointment. All members shall be appointed by the Township Board.

2.

Planning Commission. One regular member shall be a member of the Planning Commission.

3.

Township Board. One regular member may be a member of the Township Board, but this member shall not serve as the chairperson or vice-chairperson.

4.

Residents. All members shall be electors residing within Canton Township's zoning jurisdiction.

5.

Employees. Canton Township employees and contractors shall not serve on the Zoning Board of Appeals. For the purposes of this Section, members of the Planning Commission, Zoning Board of Appeals, Township Board, and election inspectors shall not be considered employees or contractors.

C.

Alternate members. Alternate members may be called, as needed, in the absence of a regular member or if a regular member has disqualified themselves for reasons of conflict of interest.

1.

Not planning commission. Alternate members shall not be a member of the Planning Commission.

2.

Follows the case. An alternate member shall serve on a case until a final decision has been made.

3.

Voting rights. Alternate members shall have the same voting rights as regular members when seated.

4.

Minutes. An alternate may participate in the approval of minutes.

D.

Terms of office. Members shall be appointed for three-year terms, except Planning Commission and Township Board members, whose term shall expire at the end of the term on those bodies.

1.

Staggered terms. Terms of office shall be staggered.

2.

Vacancies. Vacancies for unexpired terms shall be filled for the remainder of the term.

3.

Remain seated. Members shall remain seated until a replacement has been appointed and qualified.

4.

Reappointment. Members may be reappointed.

E.

Authority and jurisdiction. The Zoning Board of Appeals shall act upon all questions that arise in the administration of this Ordinance, unless otherwise noted. The Zoning Board of Appeals shall perform its duties and exercise its powers as provided in this Ordinance and MCL 125.3601 et seq. (PA 110 of 2006).

1.

Variances. The Zoning Board of Appeals shall have the authority to grant developmental-standard variances from the standards and provisions of this Ordinance when it determines there is a practical difficulty that prevents a property from complying with the strict letter of this Ordinance. The Zoning Board of Appeals shall not have authority to grant use variances, per MCL 125.3604(9).

2.

Appeals of decisions. The Zoning Board of Appeals shall have authority to hear and decide appeals of decisions when it is alleged by a person aggrieved by a decision that there is an error in any order, requirement, permit, decision, determination, or refusal made by the Community Planner, any other official, or the Planning Commission in administering or enforcing this Ordinance, unless otherwise noted.

3.

Interpretations. The Zoning Board of Appeals shall have the authority to hear and decide the following interpretations:

(a)

District boundaries. The exact location of a boundary line between zoning districts where there is dissatisfaction with the administrative decision of the boundary made by the Community Planner;

(b)

Unclear language. The meaning of the text of this Ordinance where the language is not clear, could have multiple meanings, or conflicts with other text of this Ordinance; and

(c)

Change of legally nonconforming uses. The change or substitution of a legally nonconforming use where there is dissatisfaction with the administrative decision made by the Community Planner.

4.

Other Duties. The Zoning Board of Appeals shall have the authority to and shall perform other duties as outlined in state law, this Ordinance, and other Canton Township ordinances.

5.

Zoning Map Amendments Not Permitted. The Zoning Board of Appeals shall not have authority to alter or change the zoning district classification of any property.

6.

Legislative Decisions Not Permitted. The Zoning Board of Appeals shall not have the authority to hear an appeal of a legislative decision of the Township Board.

7.

Appeal of Certain Actions Not Permitted. The Zoning Board of Appeals shall not have the authority to hear an appeal from any decision or order with respect to special land uses or planned development districts.

F.

Meetings. Regular meetings of the Zoning Board of Appeals shall be held at such times as specified in the Zoning Board of Appeals rules and procedures, and special meetings shall be held at the call of the chairperson.

G.

Record. The Zoning Board of Appeals shall prepare and retain a record of each appeal, including:

1.

The application;

2.

Materials submitted by the applicant or agent, including plans, photographs, written statements, and exhibits;

3.

Written comments submitted by the public;

4.

Public notices;

5.

Meeting agendas;

6.

Staff reports;

7.

Meeting minutes, including written findings of fact, decisions, and conditions imposed; and

8.

All other public documents relevant to the appeal.

H.

Decision. The concurring vote of at least three members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of an administrative decision or to decide in favor of an applicant on any matter.

1.

Decisions final. Decisions of the Zoning Board of Appeals shall become final upon adoption of minutes, adoption of a resolution, or signing of written findings of fact by the chairperson, whichever comes first.

2.

Appeal. Any party aggrieved by a decision of the Zoning Board of Appeals may appeal the decision to a court of competent jurisdiction, as provided in MCL 125.3606 et seq.

(Ord. of 3-18-2024(1)

Cross reference— Boards, commissions and authorities, § 2-131 et seq.

A.

Overview. As specified throughout this ordinance, certain actions necessary for the implementation of this ordinance shall be administered by the planning official, building official, and other township administrative officials, or their duly authorized assistants or representatives. In carrying out their designated duties, all such enforcement officers shall administer the ordinance precisely as it is written and shall not make changes or vary the terms of this ordinance.

B.

Responsibilities of the planning official. In addition to specific responsibilities outlined elsewhere in this ordinance, the planning official shall have the following responsibilities:

-

Provide citizens and public officials with information relative to this ordinance and related matters.

-

Assist applicants in determining the appropriate forms and procedures related to site plan review, rezoning, and other zoning matters.

-

Review all applications for site plan review, special land use review, planned development proposals, and take any action required under the guidelines in sections 27.02, 27.03 and 27.04.

-

Serve responsibly as a member of the township's development review committee.

-

Forward to the planning commission all applications for site plan review, special land use review, planned unit development proposals, petitions for amendments to this ordinance, 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's zoning and planning administration.

-

Maintain up-to-date zoning map, zoning ordinance text, and office records by recording all amendments and filing all official minutes and documents in an orderly fashion.

C.

Responsibilities of the building official. In addition to specific responsibilities outlined elsewhere in this ordinance, and in addition to specific responsibilities related to enforcement and administration of the adopted building code, the building official or his designated representative shall have the following responsibilities:

-

Provide citizens and public officials with information relative to this ordinance and related matters.

-

Assist applicants in the completion of required application forms for permits and certificates.

-

Review all applications for site plan review, special land use review, planned development proposals, and take any action required under the guidelines in sections 27.02, 27.03 and 27.04.

-

Serve responsibly as a member of the township's development review committee.

-

Review and investigate permit applications to determine compliance with the provisions of the this ordinance.

-

Issue building or other appropriate permits when all provisions of this ordinance and other applicable ordinances have been complied with.

-

Issue certificates of occupancy in accordance with section 27.07 when all provisions of this ordinance and other applicable ordinances have been complied with.

-

Perform inspections of buildings, structures, and premises to insure proposed land use changes or improvements are and will remain in compliance with this ordinance.

-

Prepare a record of all nonconforming uses, structures, and lots existing on the effective date of this ordinance, and monitor and control such nonconformities.

-

Investigate alleged violations of this ordinance and enforce appropriate corrective measures when required, including issuance of violation notices, issuance of orders to stop work, and revoking of permits.

-

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.

-

Perform other related duties required to administer this ordinance.