Putnam Township City Zoning Code
ARTICLE XVI
Zoning Board of Appeals
§ 340-164 Creation of Zoning Board of Appeals.
The Zoning Board of Appeals is established and shall perform its duties and exercise its powers as provided in Act 110 of the Public Acts of 2006, as amended, and in such a way that the objectives of this chapter shall be observed, public safety secured, and substantial justice done. The Zoning Board of Appeals shall consist of seven members, as follows:
A.
The first member shall be a member of the Planning Commission, and shall be selected and appointed by the Township Board with consideration given to the member recommended by the Planning Commission.
[Amended 10-16-2013 by Ord. No. Z-71]
B.
The second member shall be a member of the Township Board, and shall be selected and appointed by the Township Board.
C.
The five remaining members shall be selected and appointed by the Township Board from the electors residing in the unincorporated area of the Township.
D.
The first and second members of the Zoning Board of Appeals shall serve concurrently with their term of office in their respective Township agencies. The five remaining members shall serve for three years. However, as of the effective date of this chapter, the next two new members appointed to the Zoning Board of Appeals shall be appointed for a term of one year, and the following two new members shall be appointed for a term of two years. Thereafter, all new or reappointed members shall be appointed for a term of three years.
[Amended 10-16-2013 by Ord. No. Z-71]
E.
Members of the Zoning Board of Appeals shall be removable by the action of the Township Board for nonperformance of duty or misconduct in office, upon the filing of written charges and after a public hearing.
F.
No elected officer of the Township or any employee of the Board may serve simultaneously as one of the remaining members of the Zoning Board of Appeals. A member of the Board, appointed by the Board shall not serve as chair of the Zoning Board of Appeals.
G.
The Township Board may appoint up to two alternate members for the same terms as the regular members.
(1)
An alternate may be called to serve as a regular member in the absence of a regular member if the regular member is absent from or will be unable to attend one or more consecutive meetings.
(2)
An alternate member may also be called to serve as 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.
(3)
The alternate member shall serve in the case until a final decision is made.
(4)
The alternate member shall have the same voting rights as a regular member when called.
§ 340-165 Meetings.
A.
All meetings shall be held at the call of the Chairperson and at such times as the Zoning Board of Appeals may determine. All meetings shall be open to the public.
B.
The concurrent vote of a majority of the membership shall be required to reverse any order, requirement, decision or determination taken by an administrative official under this chapter, to grant a variance from the requirements of this chapter, or to pass on or make appropriate determination on such matters as may be assigned to the Zoning Board of Appeals by the terms of this chapter.
C.
The Zoning Board of Appeals shall keep minutes of its proceedings, stating the grounds for every determination, and recording the vote of each member on each question, or if absent or failing to vote, indicating such fact. It shall keep records of its findings, proceedings at hearings, and other official actions, all of which shall be filed in the office of the Township Clerk and shall be of public record.
D.
The Zoning Board of Appeals shall adopt rules of procedure for the conduct of its business.
E.
The Chair of the Zoning Board of Appeals, or in the absence of the Chair, the Vice-Chair, may administer oaths and compel attendance of witnesses. A subpoena from a court of competent jurisdiction may be used to seek the production of books, papers, files and other evidence pertinent to the matters before the Zoning Board of Appeals.
F.
The Township Board, under its power to set fees for hearings before the Zoning Board of Appeals, may elect to waive the fee for cause.
§ 340-166 Appeals.
A.
An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision of the Zoning Administrator. An appeal shall be taken by filing with the Zoning Administrator or with the Board, a notice of appeal that specifies the grounds thereof. The Zoning Administrator shall immediately transmit to the Board all of the documents constituting the record upon that the action being appealed was taken.
B.
An appeal shall stay all proceedings in furtherance of the action being appealed unless the Zoning Administrator certifies to the Zoning Board of Appeals, after notice of appeal has been filed, that by reason of the facts stated in the certification, a stay would cause imminent peril to life or property. In that case, the proceedings shall not be stayed except by the issuance of a restraining order by a court of record.
C.
The Zoning Board of Appeals shall select a suitable time and place for the hearing of the appeal. Due notice of the hearing, as specified in § 340-167 of this article, shall be given to all affected parties. The Board shall render a decision upon the appeal without unreasonable delay. Testimony may be given at the hearing by any person, in person, or through any duly authorized agent or attorney.
D.
The Zoning Board of Appeals shall review the record and decision and determine whether the record supports the conclusion that was reached. The Zoning Board of Appeals shall uphold the original decisions unless the record clearly shows the original decision meets one of the following:
[Added 10-16-2013 by Ord. No. Z-71]
(1)
Was arbitrary or capricious;
(2)
Failed to ensure consistency with ordinance standards;
(3)
Was made in error, such as relying on false or inaccurate information;
(4)
Constituted an abuse of discretion; or
(5)
Was based on an erroneous interpretation of the Zoning Ordinance.
§ 340-167 Application.
An application to the Zoning Board of Appeals shall consist of a completed application form, provided by the Township, a fee as established by the Township Board, which shall be paid to the Clerk at the time of filing, and a scaled drawing with sufficient detail to indicate the nature and necessity of the request. The Zoning Board of Appeals may request additional detail on the drawing, including requiring a property survey prepared by a licensed surveyor, or other information which they deem necessary to make a decision on the application.
§ 340-168 Notice of public hearing.
A.
Upon receipt of a complete application the Township shall cause notices stating the time, place and subject of the hearing to be served personally or by first class mail addressed to the parties submitting the application, and those persons residing within 300 feet of the property which is the subject of the application.
B.
All notices shall be sent to the addresses listed in the last assessment roll.
C.
All notices shall be sent at least 15 days prior to the date of the scheduled hearing.
D.
In addition, a notice shall be published in a newspaper of general circulation within the Township, no less than 15 days prior to Zoning Board of Appeals meeting.
E.
The Board may recess any hearing, and, if the time and place of the continued hearing be publicly announced at the time of adjournment, no further notice shall be required.
§ 340-169 Powers of Board of Zoning Appeals.
The Board of Zoning Appeals possesses limited and specific powers. It may not change the zoning district classification of any property. It may not change any of the stated terms of this chapter. It has powers to act on those matters where this chapter provides for an administrative review, interpretation, and to authorize a variance as defined in this section and in the Laws of the State of Michigan.
A.
The powers of the Zoning Board of Appeals include:
(1)
Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Administrator, any other administrative official, or any body acting in an administrative capacity in carrying out or enforcing any provisions of this chapter.
(2)
Interpretation of the Zoning Ordinance, including the Zoning Map. To make interpretations of the text of the Zoning Ordinance and of the Zoning Map, including the verification of definite boundaries between zoning districts, and the location of proper setback lines, in the event that such boundaries or locations should be unclear or subject to dispute.
(3)
Variances. To authorize nonuse variances from the strict application of the provisions of this chapter. In granting a variance, the Zoning Board of Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this chapter. In granting a variance, the Board shall state the grounds upon which it justifies the action.
B.
The Zoning Board of Appeals shall not have the power to grant variances to uses allowed in the zoning districts.
§ 340-170 Variance standards of review.
The Zoning Board of Appeals, after public hearing, may grant requests for nonuse variances from the provisions of this chapter where it is proved by the applicant that there are practical difficulties in the way of carrying out the strict letter of the ordinance relating to the construction, equipment, or alteration of buildings or structures so that the spirit of the ordinance shall be observed, public safety secured and substantial justice done.
A.
Nonuse variance. A nonuse variance may be allowed by the Zoning Board of Appeals only in cases where there is reasonable evidence of practical difficulty in the official record of the hearing and that all of the following conditions are met:
(1)
That there are exceptional or extraordinary circumstances or conditions applying to the property in question that do not apply generally to other properties in the same zoning district. Exceptional or extraordinary circumstances or conditions include:
(a)
Exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter;
(b)
By reason of exceptional topographic conditions or other extraordinary situation on the land, building or structure;
(c)
By reason of the use or development of the property immediately adjoining the property in question; whereby the literal enforcement of the requirements of this chapter would involve practical difficulties; or
(d)
Any other physical situation on the land, building or structure deemed by the Board of Zoning Appeals to be extraordinary.
(2)
That 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.
(3)
That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.
(4)
The variance will not be significantly detrimental to adjacent property and the surrounding neighborhood.
(5)
The variance will not impair the intent and purpose of this chapter.
(6)
That the immediate practical difficulty causing the need for the variance request was not created by any affirmative action of the applicant.
§ 340-171 Zoning Board of Appeals decision.
The Zoning Board of Appeals may require the appellant to submit all necessary surveys, plans or other information necessary for the Board to thoroughly investigate the matter before it. The Zoning Board of Appeals may impose conditions or limitations in granting an appeal, variance or other decision permitted by this chapter as it may deem necessary to comply with the spirit and purposes of this chapter.
A.
The concurring vote of a majority of the membership of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator or other body empowered to make administrative decisions; to decide in favor of any application on any matter upon which the Zoning Board of Appeals is required to pass under this chapter; or to effect any variance.
B.
Any decision of the Board shall not become final until minutes of the meeting at which final action on the request was taken are officially approved and adopted by the Zoning Board of Appeals; however, the Board shall have the option of certifying the decision on a form signed by the Chair at the meeting at which the decision is made. This form shall include any conditions or requirements imposed as a condition of approval and shall include the basis upon which the decision was made, including how the request does or does not meet the standards of review as outlined in § 340-169 of this article.
C.
The decision of the Zoning Board of Appeals shall be final; however, any person having an interest affected by any such decision shall have the right of appeal to the Circuit Court on questions of law and fact, in accordance with the Michigan Zoning Enabling Act.[1]
[1]
Editor's Note: See MCLA § 125.3101 et seq.
D.
No application which has been denied wholly or in part by the Board shall be resubmitted for a period of one year from the date of the last denial, except on grounds of changed conditions that would significantly change the nature of the request or affect the reasons for denial first ordered by the Board.
§ 340-172 Approval period.
[Amended 8-19-2009; 10-16-2013 by Ord. No. Z-71; 7-17-2024 by Ord. No. Z-123]
A.
The decision of the Zoning Board of Appeals shall expire after two years unless a building permit for the construction is obtained and construction is started in accordance with the terms of the permit and the requirements of the Zoning Board of Appeals. The Zoning Board of Appeals may grant no more than one extension, for up to one year, provided the applicant demonstrates that they have been diligently working toward completion and the delay is due to conditions beyond their control.
B.
Provided the conditions of Subsection A above are met, variances shall be vested in the affected property, and shall pass with the title to such property. No time limit shall be made a part of such determination. Variance applications which are granted approval by the ZBA are specific only to the requested relief as specified in the submitted application and/or any other variance deemed necessary by the Zoning Board of Appeals. After ZBA approval, any additional requests will require a new application and hearing before the ZBA.