New Buffalo Township
City Zoning Code
City Zoning Code
ARTICLE 9
Zoning Board of Appeals
§ 455-9.1 Authority.
There is hereby established a Zoning Board of Appeals, which shall perform its duties and exercise its power as provided for in this chapter and the Michigan Zoning Enabling Act, Michigan Public Act 110 of 2006, as amended,[1] in such a way that the objectives of this chapter shall be served; public health, safety, and welfare protected; and substantial justice done.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
§ 455-9.2 Membership.
The Zoning Board of Appeals shall consist of five members and up to two alternates appointed by the Township Board for three-year terms as follows:
One member of the Zoning Board of Appeals shall be a member of the Planning Commission, and their term of office on the Zoning Board of Appeals shall be concurrent with their term of office as a Planning Commissioner.
The second member of the Zoning Board of Appeals may be a member of the Township Board appointed annually for a term of one year but not to exceed the term of the Township Board.
An elected official of the Township shall not serve as chairperson of the Zoning Board of Appeals.
Members of the Zoning Board of Appeals shall be selected from electors of the Township and shall reside within the Township.
A member of the Zoning Board of Appeals who is also a member of the Planning Commission or Township Board shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of the Planning Commission or the Township Board. However, the member may consider and vote on other unrelated matters involving the same property.
In the event a Zoning Board of Appeals member is elected to the Township Board and such election increases the number of Township Board members serving on the Board to more than one, then such member's seat on the Board shall be deemed vacant. Such vacancy shall be filled for the remainder of the unexpired term by appointment in the same manner as for regular appointments for full terms.
§ 455-9.3 Vacancies.
Members of the Zoning Board of Appeals may be removed from office for inefficiency, neglect of duty, or malfeasance in office, including failure of a member with a conflict of interest to abstain from deliberations or voting on the matter, after written charges have been filed with the Township Clerk and a public hearing has been held by Township Board.
Vacancies shall be filled for the remainder of the unexpired term by appointment by the Township Board.
Members shall be appointed not more than one month after the term of the preceding member has expired.
§ 455-9.4 Alternates.
Up to two alternate members may be appointed by the Township Board for three-year terms.
Either alternate member may be called to sit as regular members of the Zoning Board of Appeals in the absence of a regular member.
Either alternate member may also be called to serve in place of a regular member for the purpose of reaching a decision on a case in which the regular member has been recused for reasons of conflict of interest.
In matters where an alternate has been called to serve in place of a regular member of the Zoning Board of Appeals, the alternate member 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.
§ 455-9.5 Organization.
The Zoning Board of Appeals shall adopt rules of procedure as may be deemed necessary to properly conduct business and organize meetings, in addition to the following:
The Zoning Board of Appeals shall elect a Chair, Vice Chair, and Secretary from its membership. A member of the Township Board shall not serve as chair of the Zoning Board of Appeals.
All meetings of the Zoning Board of Appeals shall be held at the call of the Chair at such times as the Zoning Board of Appeals may determine.
The Zoning Board of Appeals shall render decisions upon all matters within a reasonable time.
The Zoning Board of Appeals may distribute the application materials to the Zoning Administrator, Building Official, or other Township staff or consultants to review the application and provide a report to the Zoning Board of Appeals that addresses applicable ordinance issues, whether the issue in question can be resolved by other means defined in this chapter, and how the request may affect the Master Plan and any other Township planning documents.
The Zoning Board of Appeals may request that any or all of the following information be provided by the Township Clerk, where available and applicable to the issue in question:
The history of development on the site in question.
A summary of past Township approvals, orders, and decisions related to the site or issue in question.
Whether all outstanding infractions related to this chapter or other Township ordinances have been resolved, other than the issue to be addressed by the Zoning Board of Appeals.
The Zoning Board of Appeals shall not conduct business unless a majority of its members are present.
The Secretary shall keep minutes of the proceedings, record the vote of each member upon each question, indicate absences and abstentions, and keep records of hearings and other official action. Such minutes shall also be filed with the Township Clerk.
§ 455-9.6 Submittal requirements.
Applications to the Zoning Board of Appeals shall be filed with the Township. Applications shall be accompanied by the following information, where applicable:
Applicant's name, address, telephone number, and email address.
The address, location, and tax identification number for each parcel involved in the request.
Zoning classification of the subject parcel(s) and all abutting parcels.
A plot plan, drawn to scale, with a North arrow, existing lot lines, street rights-of-way, easements, building and structures, setback dimensions, parking areas, driveways, sidewalks, and other site improvements.
A letter from the applicant summarizing the request and stating the reasons for the request.
Any additional information deemed necessary by the Zoning Administrator to make a determination on the issue in question.
§ 455-9.7 Appeals of administrative decisions.
The Zoning Board of Appeals shall hear and decide appeals where it is alleged there is error of law in any order, requirement, decision, or determination made by the person or body charged with administration or enforcement of the Zoning Ordinance. Such appeals may be taken to the Zoning Board of Appeals by the person, firm, or corporation aggrieved, or by an officer, department, board, or bureau of the Township affected by the order, requirement, decision, or determination, provided that a notice of appeal application is filed with the Township within a reasonable time of the order, requirement, decision or determination, not to exceed 21 days. An appeal shall stay all administrative or enforcement proceedings associated with the appeal, unless the Building Official certifies to the Board that, by reason of facts stated in the certificate, a stay in the opinion of the Building Official would cause imminent peril to life or property. The Zoning Board of Appeals shall reverse an administrative decision only after finding that the order, requirement, decision, or determination was arbitrary or capricious, based upon an erroneous finding of a material fact, constituted an abuse of discretion, or based upon an erroneous interpretation of the Zoning Ordinance.
§ 455-9.8 Interpretation of Zoning Ordinance provisions.
The Zoning Board of Appeals shall have the power to hear and decide requests for interpretations of Zoning Ordinance provisions in such a way as to preserve and promote the character of the zoning district in question, and carry out the intent and purpose of this chapter, the Master Plan, or any subarea plans. This shall include use determinations upon appeal of an opinion issued by the Zoning Administrator.
§ 455-9.9 Interpretation of zoning district boundaries.
Where the actual lines of streets, alleys, or property boundaries vary from the portions indicated on the Zoning Map, or some ambiguity exists as to zoning district boundaries, the Zoning Board of Appeals shall have the power to interpret the Zoning Map in such a way as to carry out the intents and purposes of the New Buffalo Township Zoning Ordinance and Master Plan. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the rules specified in Article 2 shall apply.
§ 455-9.10 Variances.
The Zoning Board of Appeals shall have authority in specific cases to authorize one or more dimensional or "non-use" 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. A dimensional or non-use variance allows a deviation from the dimensional (i.e., height, bulk, setback) requirements of the chapter. The Zoning Board of Appeals may grant a requested "non-use" variance only upon a finding that practical difficulties exist.
Standards for non-use variance. A finding of practical difficulties is when the applicant has demonstrated all of the following:
There are special conditions or circumstances peculiar to the property in question, which cause practical difficulty to the applicant and are not generally applicable to other properties in the same zoning district.
Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by the owners of other properties in the same district.
The special conditions or circumstances did not result from the actions of the applicant or applicant's predecessors in interest.
Granting the variance will not confer on applicant any special privilege denied by this chapter to other lands, structures or buildings in the same district.
The variance shall be no greater than reasonably necessary.
Nonconforming use of neighboring lands, structures or buildings shall not be grounds for a variance, except that front yard setback requirements may be reduced to conform generally with other buildings on the same side of the block.
Increased financial return shall not by itself be grounds for a variance.
The variance will not be significantly detrimental to adjacent property, the surrounding neighborhood, public health, safety and welfare or the intent and purpose of this chapter.
The condition or situation of the specific piece of property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or situations. Unique circumstances include: exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter, or by reason of exceptional topographic conditions or other extraordinary situation on the land, building or structure or by reason of the use or development of the property immediately adjoining the property in question, the literal enforcement of the requirements of this chapter would involve practical difficulties.