Grosse Ile Township
City Zoning Code
City Zoning Code
ARTICLE 24
Administrative Organization
[Ord. No. 243, effective 10-12-1997; Ord. No. 275, effective 8-29-1999]
285-24.1 Overview; purpose.
The Township Board of Trustees or its duly authorized representative 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:
The purpose of this article is to set forth the responsibilities and scope of authority of these entities.
285-24.2 Township Board of Trustees.
[Amended 11-13-2006 by Ord. No. 06-07; 1-12-2009 by Ord. No. 09-01]
The Township Board of Trustees shall have the following responsibilities and authority pursuant to this chapter:
Adoption of Zoning Chapter and amendments. In accordance with the intent and purposes expressed in the Preamble to this chapter, and pursuant to the authority conferred by the Michigan Zoning Enabling Act, Public Act 110 of 2006, the Township Board of Trustees shall have the authority to adopt this chapter, as well as amendments previously considered by the Planning Commission or at a hearing or as decreed by a court of competent jurisdiction.
Review and approval of special land uses. In accordance with Article 22, Special Land Use Review, the Planning Commission shall review and provide recommendation to the Township Board for subsequent approval, approval subject to revisions or denial of the special land use.
Setting of fees. In accordance with Article 20, Permits, Performance Guarantee and Enforcement, 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 Zoning Administrator or other appropriate enforcement officer 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 Planning Enabling Act, Public Act 33 of 2008, members of the Planning Commission shall be appointed by the Township Supervisor with approval by the Township Board of Trustees.
285-24.3 Township Planning Commission.
[Amended 11-13-2006 by Ord. No. 06-07; 1-12-2009 by Ord. No. 09-01]
The Township Planning Commission shall have the following responsibilities and authority pursuant to this chapter:
Creation. The Township Planning Commission is created pursuant to the Michigan Planning Enabling Act, Public Act 33 of 2008. In accordance with Section 83 of Public Act 33 of 2008, the Planning Commission shall have all the powers and duties provided for zoning commissions created pursuant to the Michigan Zoning Enabling Act, Public Act 110 of 2006.
Membership and operation. Members of the Planning Commission shall be nominated by the Township Supervisor and approved by the Board of Trustees. 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 33 of 2008.
The Planning Commission shall consist of five, seven or nine members. All members shall be qualified electors of the Township. No more than one member of the Township Board shall be a member of the Planning Commission.
All members of the Planning Commission shall be appointed by the Township Supervisor with the approval of the Township Board. The Township Board may remove a member of the Planning Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing.
Members of the Planning Commission shall be appointed for three-year terms. If a vacancy occurs on the Planning Commission, the vacancy shall be filled for the unexpired term in the same manner as provided for an original appointment. Terms shall expire on April 1. The term of the Township Board member on the Planning Commission shall correspond to his/her term on the Township Board.
Members of the Planning Commission may be compensated for their services as provided by the Township Board.
The Planning Commission shall elect a Chairperson, Vice Chairperson and Secretary from its members and create and fill such other offices or committees as it may deem advisable. The Planning Commission may appoint advisory committees outside of its membership. The terms of all officers shall be one year and shall expire on June 1. Officers of the Planning Commission may not hold other publicly elected office within the Township of Grosse Ile.
The Planning Commission shall hold not fewer than four regular meetings each year, and by resolution shall determine the time and place of the meetings.
A special meeting of the Planning Commission may be called by the Chairperson or by two other members, upon written request to the Secretary. Unless the bylaws provide otherwise, the Secretary shall send written notice of a special meeting to Planning Commission members not less than 48 hours before the meeting.
The Planning Commission shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations. The business that the Planning Commission may perform shall be conducted at a public meeting of the Planning Commission held in compliance with the Open Meetings Act, Public Act 267 of 1976. Public notice of the time, date, and place of a regular or special meeting shall be given in the manner required by that Act. A writing prepared, owned, used, in the possession of, or retained by the Planning Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, Public Act 422 of 1976.
Upon the introduction of a matter on which a Planning Commission member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the Planning Commission. The member is disqualified from voting on the matter if the conflict of interest is affirmed by a majority vote of the remaining members of the Planning Commission, in accordance with the Planning Commission bylaws. Failure of a member to disclose a potential conflict of interest as required by this subsection constitutes malfeasance in office.
Jurisdiction. The Planning Commission shall discharge the following duties pursuant to this chapter:
Formulation of Zoning Chapter and amendments. The Planning Commission shall be responsible for formulation of the Zoning Chapter, review of amendments to the Zoning Chapter, holding hearings on a proposed Zoning Chapter, or amendments, and reporting its findings and recommendations concerning the Zoning Chapter, or amendments to the Township Board of Trustees.
Site plan review. The Planning Commission shall be responsible for review of all applications for site plan approval in accordance with Article 21, and making a determination to grant approval, approval subject to revisions, or denial of approval.
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 Article 22 and forwarding recommendation to the Township Board for approval, approval subject to revisions or denial.
Subdivisions. The Planning Commission shall review and make recommendations on plats before action thereon by the Township Board under Section 112 of the Land Division Act, Public Act 288 of 1967, as amended. The Planning Commission may recommend to the Township Board amendments to the Subdivision Control Ordinance, as authorized under Section 105 of the Land Division Act, Public Act 288 of 1967, as amended.
Formulation of a Master Plan. The Planning Commission shall be responsible for formulation and adoption of a Master Plan as a guide for the development of the Township, in accordance with Michigan Public Act 33 of 2008.
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.
Report on operation of the Zoning Chapter. In accordance with Section 308(2) of the Michigan Zoning Enabling Act, Public Act 110 of 2006, and Section 19(2) of the Michigan Planning Enabling Act, Public Act 33 of 2008, the Planning Commission shall make an annual written report to the Township Board of Trustees concerning the operations of the Zoning Chapter and the status of planning activities, including recommendations as to the enactment of amendments or supplements to the chapter and recommendations regarding actions by the Township Board related to planning and development.
285-24.4 Zoning Board of Appeals.
[Amended by Ord. No. 289, effective 7-16-2000; 11-13-2006 by Ord. No. 06-07; 1-12-2009 by Ord. No. 09-01]
The Township Zoning Board of Appeals (hereinafter referred to as "ZBA") shall have the following responsibilities and authority pursuant to this chapter:
Creation. The ZBA is created pursuant to the Michigan Zoning Enabling Act, Public Act 110 of 2006.
Membership and operation. Members of the ZBA shall be appointed in accordance with Section 601 of the Michigan Zoning Enabling Act, Public Act 110 of 2006.
The first member shall be the Chairperson of the Township Planning Commission or other member of the Planning Commission.
The second member shall be a member of the Township Board, appointed by the Township Board.
The third, fourth, fifth, sixth and seventh members shall be selected and appointed by the Township Board from among the electors residing in the unincorporated area of Grosse Ile Township, for a term of three years. Such third, fourth and fifth member shall not be an employee of the Township Board nor an elected officer of the Township. Of the third, fourth, fifth, sixth, and seventh members of the Board of Appeals first appointed, one shall be appointed for a one-year term, one for a two-year term, and one for a three-year term. Thereafter, such members shall be appointed for three-year terms. Terms shall expire on April 1. A vacancy on the Zoning Board of Appeals shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
The Township Board may appoint not more than two alternate members for the same term as regular members to the Zoning Board of Appeals. An alternate member may be called as specified to serve as a member of the Zoning Board of Appeals 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 Zoning Board of Appeals while serving.
The Board of Appeals shall annually elect from among its members a Chairperson, Vice Chairperson, Secretary and such other officers as it may determine, who shall each hold office for one year. The member of the Board of Appeals who is a member of the Township Board shall not serve as an officer of the Township Board of Appeals.
In accordance with Section 602 of Public Act 110 of 2006, meetings of the ZBA shall be held at the call of the Chairperson and at such other times as the ZBA in its rules of procedure may specify.
Concurring vote required. The concurring vote of a majority of the members of the ZBA shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body; to decide in favor of an applicant on any matter upon which the ZBA is required to act; or to effect any variation to this Zoning Chapter. 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.
Jurisdiction.
The ZBA shall act on all questions as they may arise in the administration of the Zoning Chapter, including the interpretation of the Zoning Chapter and zoning district maps. The ZBA shall also hear and decide appeals from and review any order, requirements, decision, or determination made by an administrative official or body charged with enforcement of this chapter. The ZBA shall also hear and decide matters referred to it or upon which it is required to pass under this chapter. In doing so, 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 made in the premises, and to that end shall have all the powers of the officer or body from whom the appeal is taken.
In acting on appeals or requests for variances, the ZBA shall comply with the provisions of Article 23. While the ZBA may grant dimensional or other site plan related variances for special land uses, the ZBA shall not have the power to reverse the Township Board decision to approve or deny a special land use permit nor reverse special land use standards or conditions of approval. The ZBA shall not have the power to alter or change the zoning district classification of any property.
A member of the ZBA who is also a member of the Planning Commission or the Township Board shall not vote on an appeal of a decision that the member voted on as a member of the Planning Commission, or the Township Board. However, that member may vote on variance requests involving the same property, including any variances that were made a condition of approval by the Planning Commission, or the Township Board.
Decision final. The decision of the ZBA shall be final, but shall be subject to review by the circuit court. An appeal from a decision of a ZBA shall be filed within 30 days after the ZBA issues its decision in writing signed by the Chairperson or within 21 days after the ZBA approves the minutes of its decision. If the court finds the record inadequate to make the review required by this section or finds that additional material evidence exists that with good reason was not presented, the court may order further proceedings on conditions that the court considers proper. The ZBA may modify its findings and decision as a result of the new proceedings or may affirm the original decision. The supplementary record and decision shall be filed with the court.
285-24.5 Community Development Director, Zoning Administrator and other administrative officials.
As specified throughout this chapter, certain actions necessary for the implementation of this chapter shall be administered by the Community Development Department, Zoning Administrator, and other employees, inspectors, and officials of the Township. In carrying out their designated duties, all such enforcement officers shall administer this chapter precisely as it is written and shall not make changes or vary the terms of this chapter. Responsibilities of the Community Development Director, Zoning Administrator and designees shall be as follows. They shall:
Provide citizens and public officials with information relative to this chapter and related matters.
Provide applicants with appropriate forms and procedures related to site plan review, rezoning, and other zoning matters.
Act as a member of the Site Plan Review Committee in reviewing sketch plans and matters referred to it by the Planning Commission, following the procedures and standards of Article 21, Site Plan Review.
Forward to the Planning Commission all applications for site plan review, special land use review, 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 the 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.
Review and investigate permit applications to determine compliance with the provisions of this chapter.
Perform inspections of buildings, structures, and premises to ensure proposed land use changes or improvements are and will remain in compliance with this chapter.
Investigate alleged violations of this chapter and enforce appropriate corrective measures when required, including issuance of violation notices, issuance of orders to stop work, and revoking of permits.
285-24.6 Public hearings.
[Added 11-13-2006 by Ord. No. 06-07; amended 1-12-2009 by Ord. No. 09-01]
In instances where a public hearing is required under this chapter with the Planning Commission or the Zoning Board of Appeals, written notice of the public hearing shall be made as follows:
Notice content. The notice shall do all of the following:
Describe the nature of the request.
Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.
State when and where the request will be considered.
Indicate when and where written comments will be received concerning the request.
Notice publication and delivery. Notice shall be published and delivered no fewer than 15 days prior to the public hearing as follows:
Notice of the request shall be published in a newspaper of general circulation in the Township.
Notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered.
Notice shall also be sent to all persons to whom real property is assessed within 300 feet of the subject property and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure; however, the Township may also make a good faith effort to notify each occupant of the structure. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice. The Township will also make a good faith effort to notify property owners and residents within 500 feet of the subject property.
Ordinance amendments and rezonings of more than 10 properties. Public hearings for an amendment to the Zoning Chapter, or the Zoning Map that affects 11 or more properties shall only require notice in a newspaper, which shall not be required to indicate the property subject to the request under § 285-24.6A(2) above, and notice shall not be required to be mailed to individual properties under § 285-24.6B(2) and (3) above.
ZBA interpretations and appeals. Public hearings for ordinance interpretations and appeals of administrative decisions by the Zoning Board of Appeals shall only require notice in a newspaper, as required in § 285-24.6B(1) above and if the interpretation or appeal of an administrative decision involves a specific property, notice shall also be given to the person bringing the appeal, as required in § 285-24.6B(2) above. Variances shall require full notification under § 285-24.6B(1) through (3) above.