Huron Charter Township
City Zoning Code
City Zoning Code
ARTICLE XII
Zoning Board of Appeals
§ 530-159 Creation.
There is hereby established a Zoning Board of Appeals, hereinafter called the "Board," which shall perform its duties and exercise its powers as provided in Act 110 of the Public Acts of 2006,[1] as amended from time to time, and in such a way that the objectives of this chapter shall be observed, the public safety and welfare secured, and substantial justice done.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
§ 530-160 Membership and terms.
A.
Number of members. The Board of Appeals shall consist of not fewer than five members. The Board shall be appointed by the Township Board and shall be composed of the following five members, whose terms shall be as stated:
(1)
One member shall be a member of the Planning Commission and one member shall be a member of the Township Board. The member of the Township Board that serves on the Zoning Board of Appeals shall not serve as chairperson of the Zoning Board of Appeals.
(2)
The remaining regular and any alternate members of the Board of Appeals shall be selected from the electors of the Township residing outside of incorporated cities and villages. The members selected shall be representative of the population distribution and of the various interests present in the Township.
B.
Terms of office. The term of office of each member 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, whichever is shorter. A successor shall be appointed not more than one month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.
C.
Employees/contractors as members. An employee or contractor of the Township Board shall not serve as a member or an employee of the Zoning Board of Appeals.
D.
Removal of members/conflict of interest.
(1)
The Township Board shall provide for the removal of a member of the Zoning Board of Appeals for misfeasance, malfeasance or nonfeasance in office upon written charges and after public hearing.
(2)
A member of the Zoning Board of Appeals shall disqualify herself or himself from a vote in which the member has a conflict of interest. Failure of a member to disqualify herself or himself from a vote in which the member has a conflict of interest constitutes malfeasance in office.
E.
Alternate members. The Township Board may appoint not more than two alternate members for the same term as regular members of the Zoning Board of Appeals. An alternate member may be called 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 in the place of 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. The alternate member having been appointed shall serve in the case until a final decision is made. The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals.
§ 530-161 Meetings.
All meetings of the Board of Appeals shall be held at the call of the Chairman and at such times as such Board may determine. All hearings conducted by said Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent, or failing to vote, indicate such fact; and shall also keep records of its hearings and other official action. The Board 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. The Board shall not conduct business unless a majority of the members of the Board are present.
§ 530-162 Appeal.
A.
An appeal may be taken to the Board of Appeals by any person, firm or corporation, or any officer, department, board or bureau affected by a decision of the Building Department. Such appeal shall be in writing and taken within such time as shall be prescribed by the Board of Appeals, by general rule, by filing with the Building Department, and with the Board of Appeals a notice of appeal, specifying the grounds thereof. The Building Department shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
B.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Department certifies to the Board of Appeals after the notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his 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 the Board of Appeals or by a court of record on application, on notice to the Building Department and for due cause shown.
C.
The Board 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. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.
D.
A fee shall be paid at the time the notice of appeal is filed to the Township Treasurer to the credit of the general revenue fund of the Township. The fees to be charged for appeals shall be set by resolution of the Township Board.
§ 530-163 Jurisdiction.
A.
The Board of Appeals shall have the following powers and it shall be its duty:
(1)
To hear and decide on all matters referred to it upon which it is required to pass under this chapter.
(2)
Interpret the chapter text and map and all matters relating thereto whenever a question arises in the administration of this chapter as to the meaning and intent of any provision or part of this chapter. Any interpretations shall be in a manner as to carry out the intent and purpose of this chapter and Zoning Map, and commonly accepted rules of construction for ordinances and laws in general.
(3)
To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the Building Department in the enforcement of this chapter.
(4)
Where, owing to special conditions, a literal enforcement of the provisions of this chapter would involve practical difficulties within the meaning of this chapter, the Board of Appeals shall have power upon appeal in specific cases to authorize such variation or modification of the provisions of this chapter with such spirit of this chapter and so that public safety and welfare be secured and substantial justice done. No such variance or modification of the provisions of this chapter shall be granted unless all the following facts and conditions exist:
(a)
That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or class of uses in the same district or zone.
(b)
That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity.
(c)
That the granting of such variance or modification will not be materially detrimental to the public welfare or materially injurious to the property or improvements in such zone or district in which the property is located.
(5)
In consideration of all appeals and all proposed variations to this chapter, the Board of Appeals shall, before making any variations from the chapter in a specific case, 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, comfort, morals, or welfare of the inhabitants of the Township. The concurring vote of a majority of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Building Department, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision.
B.
Nothing herein contained shall be construed to give or grant to the Board of Appeals the power or authority to alter or change the Zoning Ordinance or the Zoning Map, to rezone or to grant use variances, such power and authority being reserved to the Township Board of the Township of Huron in the manner hereinafter provided by law.
§ 530-164 Exercising powers.
In exercising the above powers, the Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may take such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Building Department from whom the appeal is taken. However, in the event that the Planning Commission representative has already voted on a matter which is now being appealed to the Board, that member shall abstain from voting at the ZBA.
§ 530-165 Notice.
Following receipt of a written request concerning a request for a variance, the Zoning Board of Appeals shall fix a reasonable time for the hearing of the request and give notice as provided below:
A.
The local unit of government shall publish notice of the request in a newspaper of general circulation in the local unit of government.
B.
Notice shall also 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 property and to the occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located in the zoning jurisdiction.
C.
The notice shall be given not less than 15 days before the date the application will be considered for approval. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection. The notice shall do all of the following:
(1)
Describe the nature of the request.
(2)
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.
(3)
State when and where the request will be considered.
(4)
Indicate when and where written comments will be received concerning the request.
D.
Upon receipt of a written request seeking an interpretation of the Zoning Ordinance or an appeal of an administrative decision, a notice stating the time, date, and place of the public hearing shall be published in a newspaper of general circulation within the Township and shall be sent to the person requesting the interpretation not less than 15 days before the public hearing. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation request and the time, date, and place of the public hearing on the interpretation request shall be sent by first-class mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of the property in question. If a tenant's name is not known, the term "occupant" may be used.