Mussey Township City Zoning Code

BOARD OF

APPEALS

§ 153.305 CREATION AND MEMBERSHIP.

(A) A Zoning Board of Appeals (ZBA herein) is hereby created to carry out the responsibilities and exercise the authority provided in this chapter and in Public Act 184 of 1943, being M.C.L.A. §§ 125.271 through 125.301, as amended. The ZBA shall carry out its duties so that the objectives and spirit of this chapter shall be observed, public safety secured, and substantial justice done.

(B) The ZBA shall consist of three members. The first member shall also be a member of the Township Planning Commission. The remaining members of the ZBA 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. One member may be a member of the Township Board. An employee or contractor of the Township Board may not serve as a member of the ZBA.

(C) The compensation, if any, paid to ZBA members for discharge of their duties shall be established by resolution of the Township Board. A failure of action on the part of the Township Board in any year shall be effective action to re-establish the same compensation from the prior year.

(D) Members of the ZBA shall be removable by the Township Board for nonperformance of duty or misconduct in office upon written charges and after public hearing.

(E) The term of each member shall be three years, except for members serving by reason of membership on the Planning Commission or Township Board, in which case the terms of such members shall be concurrent with and limited to their respective terms as members of the Planning Commission or Township Board and consistent with the periods stated in the resolutions appointing such members. When members are first appointed to the ZBA, the appointments may be for less than three years in order to provide for staggered terms.

(F) Following the expiration of the term of a ZBA member, a successor shall be appointed not more than one month after the term of the proceeding member has expired.

(G) All vacancies for unexpired terms shall be filled for the remainder of the term.

(H) The Township Board may appoint not more than two alternate members of the Zoning Board of Appeals who shall serve as a member of the Board upon the call of the chairperson where a regular member is absent from or unable to attend two or more consecutive meetings of the Board or for a period of 30 consecutive days. 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 cases he or she hears as a regular member of the Board of Appeals. Appointments of alternate members for the first year shall be for a period of one and two years respectively, thereafter each alternate member shall hold office for the full three-year term.

(I) A member shall disqualify himself or herself from all discussion and voting in which the member has a conflict of interest.

(Ord. passed 10-11-2000)

§ 153.306 OFFICERS.

(A) The ZBA shall annually elect a chairperson, a vice chairperson and a secretary, each to serve for one year. An elected officer of the township shall not serve as chairperson of the ZBA. Such election shall be held at the first regular meeting of the ZBA following January 1 in each calendar year, or at the first regular meeting of the ZBA following departure of an existing officer from the ZBA.

(B) The chairperson shall preside at all meetings of the ZBA. In the absence of the chairperson, the vice chairperson shall preside. The presiding officer, subject to these rules, shall decide all points of order or procedure. The chairperson, or in his or her absence, the acting chairperson, may administer oaths.

(Ord. passed 10-11-2000)

§ 153.307 AUTHORITY OF ZONING BOARD OF APPEALS.

(A) In general. The ZBA shall have authority to act on those matters where this chapter provides for administrative review, appeal, interpretation or special approval appeal, and shall have authority to authorize a variance as defined in this chapter and laws of the state. The ZBA shall not have the authority to alter or change zoning district classifications of any property, nor to make any change in the text of this chapter.

(B) Administrative review. The ZBA shall have authority to hear and decide appeals where it is alleged that there is an error in an order, requirement, permit, decision or refusal made by an official, board or commission in carrying out or enforcing any provisions of this chapter. In hearing and deciding appeals under this division, ZBA review shall be based upon the record of the administrative decision being appealed, and the ZBA shall not consider new information which has not been presented to the Administrative Official, Board or Commission from whom the appeal is taken. The ZBA shall not substitute its judgment for that of the administrative official, board or commission being appealed, and the appeal shall be limited to determining, based upon the record, whether the administrative official, board or commission breached a duty or discretion in this chapter.

(C) Interpretation. The ZBA shall have authority to hear and decided requests for interpretation of the zoning ordinance, including the zoning map. The ZBA shall make such decision so that the spirit and intent of this chapter shall be observed. Text interpretations shall be limited to the issues presented, and shall be based upon a reading of the chapter as a whole, and shall not have the effect of amending the chapter. Map interpretations shall be made based upon rules in the chapter and any relevant historical information. In carrying out its authority to interpret the chapter, the ZBA shall consider reasonable and/or practical interpretations which have been consistently applied in the administration of the chapter. Prior to deciding a request for an interpretation, the ZBA may confer with staff and/or consultants to determine the basic purpose of the provision subject to interpretation and any consequences which may result from differing decisions. A decision providing an interpretation may be accompanied by a recommendation for consideration of an amendment of the chapter.

(D) Special land use approval appeals. The ZBA shall have authority to hear and decide appeals from the decision of the Planning Commission regarding special land use approvals. In deciding such appeals, the ZBA shall review the Planning Commission’s application of the specific special land use approval standards applicable. The method and scope of appellate review under this division (D) shall be governed by the same standards applicable to review under division (B) above. The ZBA shall be authorized to impose conditions determined appropriate by the ZBA, and as authorized by law, in connection with a decision on a special land use approval appeal.

(E) Variances. The ZBA shall have authority in specific cases to authorize one or more variances from the strict letter and terms of this chapter by varying or modifying any of its rules or provisions so that the spirit of this chapter is observed, public safety secured and substantial justice done. Such authority shall be exercised in accordance with the following standards.

(1) The ZBA may grant a requested non-use variance only upon a finding that practical difficulties exist. A finding of practical difficulties shall require demonstration by the applicant of all of the following.

(a) Strict compliance with restrictions governing area, setback, frontage, height, bulk, density or other non-use matters, will unreasonably prevent the owner from using the property for a permitted purpose or will render ordinance conformity unnecessarily burdensome.

(b) The variance will do substantial justice to the applicant, as well as to other property owners.

(c) A lesser variance than requested will not give substantial relief to the applicant and/or be consistent with justice to other property owners.

(d) The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district.

(e) The problem and resulting need for the variance has not been self-created by the applicant.

(2) In all variance proceedings, it shall be the responsibility of the applicant to provide information, plans, testimony and evidence from which the ZBA may make the required findings. Administrative officials and other persons may, but shall not be required to provide information, testimony and evidence on a variance request. The fact that a township representative does not appear and/or present information, testimony and/or evidence on a particular variance request, shall not be considered or construed as being a waiver of the right to make such a presentation at a later date or an acknowledgment that the information, testimony and/or evidence does not exist, and shall not be evidence, in and of itself, that a variance should be granted.

(3) The following are specified as appropriate considerations by the ZBA in hearing and deciding variance requests, provided, this list shall in no respect constitute a limitation upon the considerations which may be made by the ZBA:

(a) Other lands, structures, buildings, lots and uses in the same district and in the general vicinity of the property in question;

(b) Whether granting the variance will confer special privileges on the applicant that have been denied by this chapter and/or ZBA in other cases;

(c) Whether the requested variance is the minimum necessary to authorize reasonable use of the property in relation to the surrounding area;

(d) Reasonable and available alternatives, which, although not requested by the applicant, would minimize or eliminate the need for variance relief;

(e) The provisions of this chapter from which a variance is requested, including the purpose and intent of such provisions within the context of the chapter as a whole;

(f) The imposition of appropriate and authorized conditions; and/or

(g) The existence of nonconforming structures, uses of land or the combination of structures and uses, shall not be used as a basis or rationale for granting a variance.

(F) Conditions.

(1) The ZBA may impose reasonable conditions in connection with an affirmative decision on an appeal, interpretation or variance request. The conditions may include requirements necessary to ensure adequacy of public services and facilities affected by a proposed use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner.

(2) Conditions imposed shall meet the following requirements:

(a) Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity and the community as a whole;

(b) Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity; and

(c) Be necessary to meet the intent and purpose of this chapter, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

(3) Conditions imposed with respect to the approval of a variance shall be recorded as part of the ZBA minutes, and shall remain unchanged except upon the mutual consent of the ZBA and the landowner following notice and hearing as required for a new case or application. Moreover, to ensure adequate notice of a decision and any conditions, the ZBA may require as a condition to the effectiveness of relief granted that the property owner record with County Register of Deeds, in a form acceptable to the ZBA, an affidavit detailing the relief granted and conditions imposed.

(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.308 APPLICATIONS AND NOTICES; EFFECT OF APPEAL.

(A) All applications to the ZBA shall be filed with the Township Clerk, on forms provided by the township, and shall be accompanied by the applicable fee established by resolution of the Township Board. Applications shall include all plans, studies and other information and data to be relied upon by the applicant.

(B) The plan which shall accompany all variance requests shall be based on a mortgage survey, or land survey prepared by a registered land surveyor. The plan shall be to scale and shall include all property lines and dimensions, setbacks and all existing and proposed structures. The Zoning Board of Appeals has the authority to require a land survey prepared by a registered land surveyor when the ZBA determines it to be necessary to ensure accuracy of the plan.

(C) At least one week prior to the date of a scheduled hearing before the ZBA, all property, parcels and/or lots which are the subject of a ZBA hearing shall be marked and staked in the following manner.

(1) Each corner of the lot or parcel shall be staked.

(2) Each corner of the proposed building(s) shall be staked.

(3) Vacant parcels shall be posted with a clearly visible sign noting the address or lot number.

(D) The ZBA shall have no obligation to consider and/or grant a request for relief unless and until a conforming and complete application has been filed; including relevant plans, studies and other information.

(E) As a condition to invoking the jurisdiction of the ZBA, an appeal under § 153.307(B) or (D) shall be taken by the applicant within 30 days of the date of the order, refusal, requirement or determination from which the appeal is being taken.

(F) In a case involving an appeal from an action of an administrative official, the administrative official, upon notice from the ZBA, shall transmit to the ZBA copies of all papers constituting the record upon which the action was taken.

(G) Applications to the ZBA shall be made with full knowledge and written consent of all owners of the property in question. This requirement shall include the consent of a land contract seller to the relief sought by a land contract purchaser.

(H) The Township Clerk, or designee, shall provide public notice of a ZBA public hearing in accordance with the public hearing publication and notification procedures required for a rezoning or special land use approval request. Other persons may be notified at the discretion of the ZBA. Where the case does not relate to a specific site, notification shall be made in the newspaper only.

(I) An appeal shall have the effect of staying all proceedings in furtherance of the action being appealed unless the officer or entity from whom the appeal is taken certifies to the ZBA that, by reason of facts stated in such certification, a stay would in his or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed unless specifically determined by the ZBA, or by a court of competent jurisdiction.

(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.309 MEETING AND RECORDS.

(A) The ZBA shall conduct regular meetings as scheduled each year, or at the call of the chairperson. The chairperson shall set the time and date for meetings. The ZBA shall also conduct such special meetings as shall be called by the chairperson and/or by a majority of the ZBA members. All meetings of the ZBA shall be conducted in accordance with Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275, as amended, the Open Meetings Act.

(B) Applicants shall appear at the hearing, either personally or by designated representative whose identity and authority shall be conformed by the applicant in writing. Nothing in this division (B) shall relieve the applicant from providing competent testimony or evidence in support of the relief requested, including responses to questions or requests by the ZBA regarding the applicant’s position on a relevant issue and/or possible conditions on a favorable decision. The ZBA may conduct the required hearing and reach a decision on all applications without the applicant being present if applicant does not request a continuance in writing prior to the hearing.

(D) Two members of the ZBA shall constitute a quorum, without which the ZBA shall not conduct business. The concurring vote of a majority of the membership of the ZBA shall be necessary to reverse any order, requirement, decision or determination of an administrative official, board or commission made in the administration of this chapter, or to decide in favor of an applicant on any matter upon which the ZBA is required to pass under this chapter, or to grant a variance from the terms of this chapter.

(E) The Secretary of the ZBA shall prepare minutes of the ZBA proceedings, showing the findings, decisions, conditions, if any and votes of each member in each case, including a member’s absence or failure to vote. The minutes shall be within the ultimate authority, and shall be the responsibility of, the secretary of the ZBA, and shall be subject to approval of the ZBA. To the extent that a written decision in a case is requested or required, the minutes, along with the plan submitted, shall serve as the written decision, even if the minutes are awaiting final ZBA approval.

(F) The official records of the ZBA proceedings shall be filed in the Township Clerk’s office and shall be public records.

(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.310 DISPOSITION; DURATION OF APPROVAL; APPEAL.

(A) The ZBA may reverse, affirm, vary or modify any order, requirement, decision or determination presented in a case within the ZBA’s jurisdiction, and to that end, shall have all of the powers of the officer, board or commission from whom the appeal is taken, subject to the ZBA’s scope of review, as specified in this Ordinance and by law. The ZBA may remand a case for further proceedings and decisions, with or without instructions.

(B) A decision by the ZBA shall be considered final as of the meeting at which the decision has been made, and the date of such meeting shall be deemed to be the date of notice of the decision to the applicant. To the extent that decisions are requested or required to be in writing, the minutes of the ZBA meeting, and decision, as prepared by the secretary, shall constitute the written decision.

(C) Any decision of the ZBA shall remain valid only as long as the information and data relating to such decisions are found to be correct, and the conditions upon which the decision was based are maintained.

(D) The relief granted by the ZBA shall be valid for a period not longer than one year, unless otherwise specified by the ZBA, and within such period of effectiveness, actual, on-site improvement of property in accordance with the approved plan and the relief granted, under a valid building permit, must be commenced or the grant of relief shall be deemed void. Relief granted by the ZBA shall not constitute approval of the use or activity where any other zoning compliance, building permit, or other review or permit is required.

(E) Appeals of a ZBA decision shall be taken in the manner provided by law.

(Ord. passed 10-11-2000)

§ 153.999 PENALTY.

(A) Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than $100 and cost of prosecution or, in default of the payment thereof, shall be punished by imprisonment in the county jail for a period not to exceed 90 days for each offense, or by both such fine and imprisonment in the discretion of the court, together with the costs of such prosecution.

(B) A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.

(Ord. passed 10-11-2000)

APPENDIX A: PLANNING AND ZONING FEE SCHEDULE

MUSSEY TOWNSHIP

PLANNING AND ZONING FEE SCHEDULE

Effective July 9, 2008

Zoning ordinance book: $35

Master plan book: $25

	Township Administrative Fee1	Non Refundable Consultant Fee2	Refundable Escrow Deposit for Engineering/Legal/Misc. Reviews3
COMMERCIAL DEVELOPMENTS
Site Plan Review - Preliminary	$250	$400 + $50/acre*	$2,500
Site Plan Review - Final		$200 + $25/acre*	See note
Minor Revision - Prel. or Final		50% of orig. fee	See note
Major Redesign		90% of orig. fee	See note
*Based on the portion of the parcel to be developed
MANUFACTURED HOUSING DEVELOPMENTS
Site Plan Review - Preliminary	$250	$475 + $4.85/D.U.	$5,000 + $500/ac over 10 ac
Site Plan Review - Final		$250 + $2.50/D.U.	See note
Minor Revision - Prel. or Final		50% or orig. fee	See note
Major Redesign		90% of orig. fee	See note
MULTI-FAMILY DEVELOPMENTS
Site Plan Review - Preliminary	$250	$375 + $5.90/D.U.	$5,000 + $500/ac over 10 ac
Site Plan Review - Final		$200 + $3.00/D.U.	See note
Minor Revision - Prel. or Final		50% of orig. fee	See note
Major Redesign		90% of orig. fee	See note
PUBLIC, SEMI-PUBLIC, INSTITUTIONAL
Site Plan Review - Preliminary	$250	$375 + $37.50/acre	$2,000
Site Plan Review - Final		$200 + $20/acre*	See note
Minor Revision - Prel. or Final		50% of orig. fee	See note
Major Redesign			See note
*Based on the portion of the parcel to be developed
SITE CONDOMINIUMS
Site Plan Review - Preliminary	$250	$375 + $4.75/D.U.	$3,000 + $100/D.U. over 10 D.U.
Site Plan Review - Final		$200 + $2.50/D.U.	See note
Minor Revision - Prel. or Final		50% of orig. fee	See note
Major Redesign		90% of orig. fee	See note
Placement of Monuments and Irons Guarantee			$100 per monument or iron
SUBDIVISION PLATS
Tentative Preliminary Plat	$250	$375 + $4.50/lot	$3,000 + $100/lot over 10 lots
Final Preliminary Plan		$240 + $2.75/lot	See note
Final Plat		$4.75/lot ($175 min chg)	See note
Note: Changes to an approved preliminary plat must proceed as a new preliminary plat.
Placement of Monuments and Irons Guarantee			$100 per monument or iron
REZONINGS
Rezoning from any zoning to AG, SF or R-1	$250**	$450 + $4.50/acre	None (see exception below)
All other rezonings	$250**	$450 + $4.50/acre	None (see exception below)
** Includes cost of preparing and publishing pubic hearing notice, obtaining map and list of properties within 300 feet, and mailing of public hearing notices to owners/occupants within 300 feet radius.
Escrow Exception: An escrow deposit may be required in cases where a rezoning may entail use of consultants to determine the feasibility or likelihood of utility extensions or if the intended use may involve on-site community wells or sewage disposal systems. In such cases, the amount of the escrow deposit will be determined by the Township Clerk upon advice of the planning consultant.
SPECIAL LAND USES
Single-Family Residential, or accessory thereto Note: Site plan review fees are in addition to special land use fees.	$250**	None unless planner review requested, then use planner’s fee schedule	None (see exception below)
Other than Single-Family Residential Note: Site plan review fees are in addition to special land use fees.	$250**	$350 + $5/acre Does not include site plan review (see schedule above by development type)	$1,000
** Includes cost of preparing and publishing public hearing notice, obtaining map and list of properties within 300 feet, and mailing of public hearing notices to owners/occupants within 300 feet radius.
Escrow Exception: An escrow deposit may be required in cases where a special land use may entail use of consultants to determine the feasibility or likelihood of utility extensions or if the intended use may involve on-site community wells or sewage disposal systems, or for other reasons, legal, engineering or specialized consultant review is anticipated. In such cases, the amount of the escrow deposit will be determined by the Township Clerk upon advice of the planning consultant.
LAND DIVISION OR COMBINATION
Resulting in 2 parcels (including parent)	$25	None, unless planner review requested, then $135 + $45 per each resulting lot	None
More than 2 parcels (including parent)	$250	Same as above	None
More than 2 parcels (including parent & with internal road - not a subdivision) Note: New private roads not permitted.	$250	Same as above	None
ZONING BOARD OF APPEALS
Variance, exception, temporary use, ordinance interpretation	$350**	None unless planner review requested, then $195 per variance requested	None
** Includes cost of preparing and publishing public hearing notice, obtaining map and list of properties within 300 feet, and mailing of public hearing notices to owners/occupants within 300 feet radius. A portion of this fee may be refunded in cases where not all forms of notice are required per state statute.
CONSTRUCTION BOARD OF APPEALS
	$350		None
OTHER PLANNING AND ZONING FEES
Special meeting of Planning Commission	$350	$195 (only if req.)	None
Pre-design conference w/consultant		$90 (1 hr. min. chg.)	$150 additional deposit to cover any additional time spent
Zoning clearance (when not submitted w/bldg permit)	$50	None, unless planner review requested, then use planner’s fee schedule	None
Zoning inspection & compliance letter	$50	None, unless planner review requested, then use planner’s fee schedule
Sign permit application review Permanent sign Temporary sign	$50 each4 $10 each4	None, see above	None
Note # 1. Township Administrative Fee. This fee is intended to cover expenses incurred by township office staff when receiving and logging in an application, initial review by the Zoning Administrator, forwarding of applications and sets of plans to the Planning Commission or zoning Board of Appeals and/or to outside consultants for review. This fee also covers expenses incurred by the township for preparation, publication and mailing of public notices, as may be required by local ordinance and/or state law. Any services provided by the planning consultant in preparing the content of required public notices is to be paid from this fee.
Note # 2. Non Refundable Consultant Fee. This fee is intended to cover the review of applications and plans by the township’s planning consultant. These review fees include an on-site visit, but do not include attendance at the Planning Commission meeting. The specific fees included herein are taken from the planning consultant’s standard fee schedule in effect at the time. Therefore, this portion of the township fee schedule should be updated from time to time so as to incorporate any changes in the consultant’s fee schedule. These fees are based upon the assumption that the applicant’s application materials are complete and that drawings have been professionally prepared by persons familiar with zoning requirements. The submission of incomplete, inadequate, or poorly prepared drawings, documents and/or application materials may result in the need to revise and resubmit these items. This may involve multiple reviews by the consultant and result in additional cost to the applicant. Adequate time should be set aside by the applicant’s professional design team to study and comprehend applicable local regulations prior to preparing design plans and documents. an optional pre-design conference with the planning consultant and the applicant and his or her design team is encouraged as a way to become familiar with township requirements.
Note # 3. General Policy Regarding Escrow Deposit Requirements. The deposit shall be due when the application is submitted. The township will charge all review and inspection (not building inspection) expenses to this deposit, including but not limited to planning, engineering, legal and environmental assessment services. The escrow account shall maintain a balance of not less than 30% of the original (opening) balance. If the township determines that the account will require an additional deposit the amount of the additional deposit will be one-half of the original escrow amount to remain active. Any remaining funds in the escrow account will be released when the project is complete (all permanent measures are installed and functioning, temporary measures are removed and final inspections have been approved). Note: Minor vs. Major Revisions. A revision of a final site shall be determined to be minor if in the opinion of the Zoning Administrator (upon consultation with the Township Planner, as necessary), the nature and scope of the change does not substantially change the approved site plan. The refundable deposit for plans involving only minor revisions shall be one-half of the required deposit.
Note # 4. Sign Permit Application Review. Review of sign permit applications for conformance with zoning regulations will normally be performed by the Zoning Administrator.

APPENDIX B: ZONING MAPS

CLICK TO VIEW MAP IN PDF FORMAT