Pittsfield Charter Township
City Zoning Code
City Zoning Code
ARTICLE XVII
Zoning Board of Appeals
§ 40-17.01 General regulations.
A.
Membership.
(1)
The Zoning Board of Appeals shall consist of five members appointed by the Township Board. One member shall be a member of the Planning Commission. The remaining members shall be selected from the electors of the Township. The members selected shall be representative of the population distribution and of the various interests present in the Township. An employee or contractor of the Township Board may not serve as a Zoning Board of Appeals member. One member of the Zoning Board of Appeals may be a member of the Township Board. A member of the Township Board may not serve as Chairperson of the Zoning Board of Appeals.
(2)
The Zoning Board of Appeals, at its first meeting following January 1 of each year, shall select from its membership a Chairperson of the Zoning Board of Appeals who shall serve until the successor Chairperson is appointed.
(3)
The term of office of each member shall be for three years, except the term of a member who is serving as a member of the Planning Commission or Board of Trustees shall be limited to the time he or she is a member of that body. 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.
B.
Removal. Members of the Zoning Board of Appeals shall be removable by the Township Board for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing.
C.
Conflict of interest. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself constitutes malfeasance in office.
D.
Quorum. The Zoning Board of Appeals shall not conduct business unless a majority of the members of the Zoning Board of Appeals are present.
E.
Rules and regulations. In addition to the procedural requirements set forth in the Zoning Enabling Act (MCL 125.3101 et seq.) the Zoning Board of Appeals shall fix rules and regulations to govern its procedures, and shall record into the minutes of its meetings all findings, conditions, facts, and other relevant factors, including the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and all of its official actions. Such records shall be open to public inspection. 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 Township Board. However, the member may consider and vote on other unrelated matters involving the same property.
F.
Decisions. The concurring vote of a majority of the members is necessary to reverse a decision of the Zoning Administrator, Planning Commission, Board of Trustees or other official, or to grant a variance or to decide in favor of an applicant.
G.
Notice.
(1)
The Board shall give due notice of the hearing as specified in § 40-3.05. Where the hearing concerns matters of general applicability in the Township and does not concern only individual lots or parcels, in accordance with § 40-3.05, notice shall be provided by newspaper and by mail to the party making request.
(2)
Appeals shall be taken within a reasonable time, not to exceed 45 days or such lesser period as may be provided by the rules of the Zoning Board of Appeals, by filing with the Zoning Administrator and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed from was taken.
H.
Stay. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken certifies to the Zoning Board of Appeals after the notice is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Zoning Administrator, and on due cause shown.
§ 40-17.02 Powers and duties.
The Zoning Board of Appeals shall perform its duties and exercise its powers as provided in the Zoning Enabling Act (MCL 125.3101 et seq.)in such a way that the objectives of this chapter shall be attained, the public health, welfare, and safety secured, and substantial justice done. The Zoning Board of Appeals shall hear and decide only those matters which it is specifically authorized to hear and decide as provided in this chapter.
§ 40-17.03 Administrative review.
The Zoning Board of Appeals shall hear and decide appeals where there is an error alleged in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this chapter.
§ 40-17.04 Variances.
A.
Power and duty. The Zoning Board of Appeals shall have the power and duty to authorize upon appeal in specific cases such nonuse variances from the provisions of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.
B.
Application required. An application for a variance shall be filed by the owner of the property in question with the Township Clerk. The application shall consist of a completed application form, required fee, and the information required in this section, including the following:
(1)
Legal description, address, and tax number of the subject property.
(2)
Boundary survey, showing all property lines, bearings, or angles, correlated to the legal description; all existing and proposed structures and their uses, and the dimensions of said structures and their dimensioned locations; lot area and all other calculations necessary to show compliance with the regulations of this chapter.
(3)
Name and address of the applicant, name of the owner and any other person or entity having an interest in said property, the interest of the applicant in the property and the signature of the property owner, if other than the applicant, concurring in the submittal of the application.
(4)
List and description of each section of this chapter for which a variance is requested.
(5)
Documentation demonstrating:
(a)
That without a variance the property could not be used for the purposes permitted in the zoning district.
(b)
That the plight is due to unique circumstances peculiar to the property and not to the general neighborhood conditions.
(c)
That the variance would not alter the essential character of the area.
(d)
That the plight or problem is not self-created.
C.
Findings. Prior to granting a variance the Zoning Board of Appeals shall make findings that the following requirements have been met by the applicant for the variance:
(1)
That strict compliance with the restrictions governing area, setbacks, frontage, height, bulk, or density would unreasonably prevent the owner from using the property for a permitted purpose, or would render the conformity with such regulations unnecessarily burdensome.
(2)
That the granting of a variance would do substantial justice to the applicant as well as to other property owners in the district, or whether a lesser relaxation than that applied for would give substantial relief to the owner of the property and be more consistent with justice to other property owners.
(3)
That the plight of the applicant is due to unique circumstances of the property and not to general conditions in the area.
(4)
That the plight or problem is not self-created.
(5)
That no nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
(6)
That the variance observes the spirit of the chapter, secures public safety, and does substantial justice.
D.
Conditions and safeguards. In granting any variance, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter, provided that said conditions:
(1)
Are designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of the public.
(2)
Are necessary to meet the intent and purpose of this chapter, are related to the standards established in the chapter for the land use or activity under consideration, and are necessary to ensure compliance with those standards.
E.
Violations. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and punishable under § 40-3.07 of this chapter.
F.
Limitations of authority. Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use not permissible under the terms of this chapter in the district involved, reduce the required lot area or road frontage below the minimum required for the district therein located or permit any use expressly, or by implication, prohibited by the terms of this chapter in said district. Approval of use variances require a vote of 2/3 of the members of the Zoning Board of Appeals.
G.
Reverse or affirm Zoning Administrator. In exercising the above mentioned powers, the Zoning Board of Appeals may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Administrator from whom the appeal is taken.
§ 40-17.05 Voiding of and reapplication for variance.
A.
Commencement. Each variance granted under the provisions of this chapter shall become null and void unless:
(1)
The construction authorized by such variance or permit has been commenced within 180 days after the granting of such variance and pursued diligently to completion; or
(2)
The occupancy of land or buildings authorized by such variance has taken place within 180 days after the granting of such variance.
B.
Resubmittal. No application for a variance which has been denied in whole or in part by the Zoning Board of Appeals shall be resubmitted for a period of 365 days from such denial, except on grounds of new evidence or proof of changed conditions found by the Zoning Board of Appeals to be valid.
§ 40-17.06 Expansion of nonconforming buildings and structures.
A.
ZBA determination. The Zoning Board of Appeals shall determine if a nonconforming building or structure may be enlarged, expanded, extended, or altered, and the conditions under which such improvements shall be made.
B.
Standards. The following standards shall be considered by the Zoning Board of Appeals:
(1)
The reasons for the nonconformity shall be limited to minimum lot area and lot width, yard, off-street loading and parking requirements. In no case shall a building or structure that is nonconforming because of lot coverage, floor area ratio, or height requirements be permitted to expand without removing the nonconformity, except as permitted under a variance for hardship reasons.
(2)
The existing and proposed uses of such buildings and structures must be among those permitted in the district in which situated.
(3)
The proposed improvement shall conform to all requirements of the district in which situated.
(4)
The Board shall determine the following in approving a request:
(a)
That the retention of the nonconforming building or structure is reasonably necessary for the proposed improvement or that the requiring of removal of such building or structure would cause unnecessary hardship.
(b)
That the proposed improvement is reasonably necessary for the continuation of activities on the property.
(c)
That the enlarged or otherwise improved nonconforming building or structure shall not adversely affect the public health, safety, welfare, and convenience.
(5)
The Board shall have the authority to require removal or modification of the nonconformity, where such is reasonable, as a condition for approval. The Board may attach other conditions for its approval which it deems necessary to protect the public health, safety, welfare, and convenience.
§ 40-17.07 Appeals to Zoning Board of Appeals.
A.
Process. Appeals from the ruling of the Zoning Administrator of the Township Board concerning the enforcement of the provisions of this chapter may be made to the Zoning Board of Appeals within such time as shall be prescribed by the Zoning Board of Appeals by general rule, by the filing with the officer from whom the appeal is taken and with the Zoning Board of Appeals of a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record of the action or decision being appealed.
B.
Who may appeal. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer, department, board, agency, or bureau of the Township, county, or state.
C.
Effect of appeal; restraining order. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal shall have 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 proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by the circuit court, on application, on notice to the officer from whom the appeal is taken and on due cause shown.
D.
Representation at hearing. At the hearing, any party or parties may appear in person or by agent or by attorney.
E.
Decisions of the Zoning Board of Appeals and appeals to the Circuit Court. The Zoning Board of Appeals shall decide upon all matters appealed from within a reasonable time and may reverse or affirm in whole or in part, or may modify the order, requirement, decision, or determination as in its opinion ought to be made and to that end shall have all the powers of the Zoning Administrator from whom the appeal is taken. The Zoning Board of Appeals' decision of such appeals shall be in the form of a resolution containing a full record of the findings and determination of the Zoning Board of Appeals in each particular case. A party aggrieved by the decision shall have the right to appeal to the Circuit Court on questions of law and fact.
§ 40-17.08 Duties on matters of appeal.
A.
Order. It is the intent of this chapter that all questions of interpretation and enforcement shall first be presented to the Zoning Administrator, and that such questions shall be presented to the Zoning Board of Appeals only on appeal from the decisions of the Zoning Administrator, and the recourse from decisions of the Zoning Board of Appeals shall be to the courts as provided by law.
B.
Township Board. It is further the intent of this chapter that the duties of the Township Board in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this article and this chapter.
§ 40-17.09 Substitution of nonconforming uses.
A nonconforming use may be substituted for an existing nonconforming use upon approval by the Board of Appeals, provided that the existing nonconforming use is a legal nonconformity, and provided further that the proposed nonconforming use is more appropriate than the existing nonconforming use in the neighborhood in which it is located. The Zoning Board of Appeals may attach conditions to its approval.