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Sparta Township City Zoning Code

ZONING BOARD

OF APPEALS

§ 154.440 AUTHORIZATION.

   A Zoning Board of Appeals (ZBA) is hereby authorized in accordance with the Zoning Enabling Act of the state, as amended, to carry out the responsibilities provided therein and those delegated herein.
(Ord. passed 7-12-2012, § 15.1)

§ 154.441 MEMBERSHIP.

   (A)   Membership to the Zoning Board of Appeals (ZBA) shall consist of five members. The first member shall be a member of the Planning Commission. The second member may be a member of the Township Board and appointed by the Township Board. The third, fourth and fifth members, and the two alternate members described below shall be appointed by the Township Board from among the electors of the township residing outside of any incorporated areas. Membership shall be representative of the local population including the various interests located in the township.
   (B)   No elected official shall serve as Chairperson.
   (C)   No employees or contractors to the Township Board may serve on or be hired by the Zoning Board of Appeals.
   (D)   Terms of office shall be three years, except for those serving as representatives from the Planning Commission or Township Board. For such representatives, terms shall be limited to the time they are members of their respective commission or board.
   (E)   Successive members shall be appointed within one month after the preceding member’s expiration date.
   (F)   The Zoning Board of Appeals is authorized to prepare an annual budget.
   (G)   Members may be removed by the Township Board for misfeasance, malfeasance or non-feasance in office, based on written charges and after a public hearing.
   (H)   Where member conflicts of interest exist, such member shall disqualify himself or herself from voting. Failure to do so constitutes malfeasance in office.
   (I)   The Township Board shall appoint two alternate members to the Zoning Board of Appeals. Each alternate member shall be appointed for a term of three years except that upon the appointment of the first such alternate members, one such alternate member shall be appointed to a term of two years. Thereafter all alternate members shall be appointed to a term of three years. The Chairperson of the Zoning Board of Appeals or in the absence or incapacity of the Chairperson, then the Vice Chairperson or the Secretary of the Zoning Board of Appeals may call either of the alternate members to serve as a regular member whenever:
      (1)   A regular member is absent from or will be unable to attend one or more meetings of the Zoning Board of Appeals; or
      (2)   A regular member has abstained for reason of a conflict of interest.
(Ord. passed 7-12-2012, § 15.1)

§ 154.442 POWERS AND DUTIES.

   The Zoning Board of Appeals (ZBA) shall have all the power and duties prescribed by law and by this chapter that are more particularly specified as follows.
   (A)   Hear appeals. The Zoning Board of Appeals shall hear and decide appeals where it is alleged by a person aggrieved or by an officer, department, board or bureau of the state or local unit of government that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Administrator or by any other official in administering or enforcing any provisions of this chapter. Every appeal must be in writing and must be filed with the township within 21 days of the date on which the Zoning Administrator makes his or her decision, interpretation or takes other action. Upon appeal, the Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination, as, in its opinion, ought to be made in the premises, and to the end shall have all the power of the official from whom the appeal is taken, and may direct the issuance of a permit.
   (B)   Interpretation. The Zoning Board of Appeals shall have the power to:
      (1)   Interpret, upon request, the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter;
      (2)   Determine the precise location of the boundary lines between zoning districts, where uncertainty exists; and
      (3)   Classify a use that is not specifically mentioned as part of the use regulations of any zoning district; providing that, it conforms to a comparable permitted or regulated use (in accordance with the purpose and intent of each district), until such time when the unclassified use is properly assigned or classified by amendatory legislation.
   (C)   Variances. The ZBA shall have the power to authorize, upon appeal, non-use variances from the specific requirements of this chapter, such as, lot area and width regulations, building height and other bulk regulations, off-street parking and loading space requirements and the like; provided, all of the conditions listed in § 154.449 of this chapter can be satisfied. The ZBA shall have the power to authorize, upon appeal, use variances provided all of the conditions listed in § 154.449(B) of this chapter can be satisfied.
   (D)   Limitations on the power and jurisdiction of the Zoning Board of Appeals. The ZBA shall not have any power, jurisdiction or authority to grant variances or hear any appeals regarding the following:
      (1)   The approval or denial by any township body involving a planned unit development, special use and/or site plan. However, if the township body responsible for any such decision expressly authorizes an appeal to the ZBA with regard to an interpretation or a variance of an underlying requirement of this chapter, the ZBA shall have jurisdiction in such limited circumstances and as otherwise limited by the township body that authorized such an appeal; and
      (2)   Where a zoning regulation, determination or decision involves a planned unit development, special use or site plan review and approval or denial, or any such planned unit development, special use or site plan is potentially available, the ZBA shall generally not have jurisdiction, and a landowner or other aggrieved party shall not be able to file an application with the ZBA to circumvent or avoid the special use, planned unit development or site plan review and approval or denial process. The ZBA shall continue to have jurisdiction with regard to any site plan (or the equivalent) related to a variance request that is lawfully before the ZBA.
(Ord. passed 7-12-2012, § 15.3)

§ 154.443 ORGANIZATION AND CONDUCT OF BUSINESS.

   (A)   Rules of procedure and decision-making. The Zoning Board of Appeals (ZBA) shall adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function. The Board shall choose its own Chairperson and, in his or her absence, an acting Chairperson. The ZBA shall formulate decisions based upon the standards and other various provisions of this chapter.
   (B)   Meetings. Meetings shall be held at the call of the Chairperson and at such times as the Zoning Board of Appeals may determine. All meetings by the Board shall be open to the public and conducted in compliance with the Open Meetings Act, Public Act 267 of 1976, being M.C.L.A. §§ 15.261 et seq., of the state. The Board may declare any meeting, or part of any meeting, a study meeting to pursue matters of business without comment or interruption from the public in attendance. The Board shall not conduct business unless a majority of the regular members of the Board are present.
   (C)   Records. Minutes shall be recorded of all proceedings that shall contain the evidence received, the findings of fact and data relevant to every case considered, together with the votes of the members and the final disposition of each case. Such minutes shall be filed with the Township Clerk and shall be made available to the general public in compliance with the Freedom of Information Act, Public Act 442 of 1976, of the state.
   (D)   Hearings. All appeals and requests before the ZBA shall require public hearing with proper notification. See § 154.424 of this chapter.
   (E)   Decisions (voting). A concurring vote of a majority of the members of the Zoning Board of Appeals is necessary in order to take any action on a matter before the ZBA; provided, however, that, a concurring vote of two-thirds of the members is necessary to approve a use variance.
(Ord. passed 7-12-2012, § 15.4)

§ 154.444 CONDITIONS OF ZBA APPROVAL.

   (A)   Reasonable conditions may be required with the approval of a variance by the Zoning Board of Appeals. The conditions may include, but are not limited to, conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land 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. Conditions imposed shall meet all of the following requirements:
      (1)   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;
      (2)   Be related to the valid exercise of the police power and purposes that are affected by the proposed use or activity; and
      (3)   Be necessary to meet the intent and purpose of the zoning ordinance, 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.
   (B)   The conditions imposed with respect to the approval of a special use shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the Zoning Board of Appeals shall maintain a record of conditions that are changed.
   (C)   In the event the Zoning Board of Appeals grants a variance, the individual or his successor in interest shall not use the property in question such that it would exceed those rights given the zoning ordinance or the variance, or fail to follow any conditions placed thereon by said Zoning Board of Appeals. In the event the use of the property exceeds those rights given by the zoning ordinance or the variance, or fails to follow the conditions placed upon the variance, the variance shall immediately terminate and it shall be deemed a violation of this chapter.
(Ord. passed 7-12-2012, § 15.5)

§ 154.445 TIME LIMIT ON DECISION OF ZBA.

   Any decision of the Zoning Board of Appeals on an appeal or application for a variance that has resulted in granting a zoning permit, special use permit or variance shall be valid for a period of one year with an additional one year extension granted by the Zoning Administrator. This is construed to be a reasonable period of time within which to begin construction.
(Ord. passed 7-12-2012, § 15.6)

§ 154.446 FINAL ACTION ON APPEALS.

   The decision of the Zoning Board of Appeals shall be final, and any party aggrieved by any such decision may appeal to the Circuit Court for the county. The records of the Zoning Board of Appeals shall be made available for the court’s review.
(Ord. passed 7-12-2012, § 15.7)

§ 154.447 EFFECT OF APPEALS PROCEEDINGS (STAY OF PROCEEDINGS).

   An appeal to the Board of Appeals shall stay all proceedings in furtherance of the action appealed from, unless the officer or body from whom the appeal is taken certifies to the Board of Appeals (after the notice of appeal shall have been filed with that officer or body), that by reason of facts stated in the certificate, a stay would cause immediate peril of life or property, in which case proceedings may be stayed by a restraining order issued by the Board of Appeals or a circuit court.
(Ord. passed 7-12-2012, § 15.8)

§ 154.448 APPLICATION PROCEDURE FOR APPEALS/VARIANCES; DECISION PROCESS.

   (A)   General.
      (1)   When any order, requirement, decision or determination is subsequently appealed to the Zoning Board of Appeals or when a variance is requested, as provided for in this chapter, the appellant shall file a notice of appeal with fee to the Zoning Administrator who shall forward all records and materials to the Zoning Board of Appeals.
      (2)   If appealing a determination or order, the Zoning Administrator shall also send copies of all materials to the official or body of officials from whom the appeal is taken.
      (3)   Such body or official shall also make all records available to the ZBA for review.
   (B)   General procedural steps by ZBA.
      (1)   The ZBA reviews the appeal form to make sure that it is the proper form for the action requested and to see that all required information is submitted.
      (2)   The Township Clerk shall place said appeal form on the calendar for hearing at the next meeting of the ZBA and shall cause notice to be published and sent as set forth below. The notices shall be given not less than 15 days before the date of the hearing on an appeal. See § 154.424 of this chapter.
         (a)   The ZBA shall publish notice of a public hearing for an appeal in a newspaper that circulates in the township. The 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 township.
         (b)   The notice shall include:
            1.   The nature of the request;
            2.   The property(ies) for which the appeal has been made;
            3.   A listing of all existing street addresses within the property(ies) that is(are) subject of the appeal. Street addresses do not need to be created and listed if no such addresses currently exist. If there are no street addresses, another means of identification may be used;
            4.   The location where the request can be viewed and copied prior to the hearing date;
            5.   The date, time and location of when the hearing before the Appeals Board will take place; and
            6.   The address at which written comments should be directed prior to the hearing.
         (c)   At the hearing, rules and procedures for the conduct of the hearing as may be established in the by-laws of the ZBA shall be followed:
            1.   Any party may be heard in person or by agent or attorney; and
            2.   The ZBA may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal. If the hearing is adjourned, persons previously notified and persons already heard, need to be notified of the time of resumption of said hearing.
         (d)   Following the hearing, the ZBA shall formulate its decision.
            1.   The ZBA shall consider the merits of the individual application or appeal within the context of any and all standards and considerations established in this chapter. In the case of variances, the standards of § 154.449 of this chapter shall control.
            2.   The Zoning Board of Appeals may reverse or affirm, wholly or part, or may modify the order, requirement, decision or determination of issue, as in its opinion ought to be made, and, to that end, shall have all the powers of the official or body of officials from whom the appeal was taken and may direct the issuance of a permit.
            3.   The written decision of the ZBA shall not be final until five days after it is made unless the ZBA shall find the immediate effect of such order is necessary for the preservation of property or personal rights and shall certify on the record. In the written decision on the application or appeal, the ZBA must include the reasons for decision and facts supporting such reasons.
(Ord. passed 7-12-2012, § 15.9)

§ 154.449 VARIANCES; STANDARDS.

   (A)   Non-use variances. The Zoning Board of Appeals shall have the authority to grant non-use variances relating to the construction, structural changes or alteration of buildings or structures related to dimensional requirements of the zoning ordinance or to any other non-use-related standard in this chapter, only when all of the following conditions exist:
      (1)   The need for the requested variance is due to practical difficulties in carrying out the strict letter of the zoning ordinance arising from unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water or topography;
      (2)   The asserted difficulty is not due to the applicant’s personal or economic difficulty. Increased financial return alone shall not be deemed sufficient to warrant a variance;
      (3)   The need for the requested variance is not the result of actions of the property owner or previous property owners;
      (4)   Strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for permitted purposes or will render conformity with those regulations unnecessarily burdensome;
      (5)   The requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district;
      (6)   The requested variance will not cause an adverse impact on surrounding property, property values or the use and enjoyment of property in the neighborhood or zoning district; and
      (7)   The need for the requested variance is not based primarily on non-conforming use(s) of nearby lands, structures or buildings.
   (B)   Use variances. A use variance may be granted by the Zoning Board of Appeals only in cases where the applicant demonstrates in the official record of the public hearing that unnecessary hardship exists by showing all of the following:
      (1)   The property cannot be reasonably used for any of the uses permitted in the zoning district in which it is located;
      (2)   The need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water or topography;
      (3)   That the need for the variance is not due to the applicant’s personal or economic hardship;
      (4)   Such unique circumstances or physical conditions of the property are not so general or recurrent in nature so as to make it reasonably practicable to address them by amending this chapter;
      (5)   The proposed use will not alter the essential character of the neighborhood;
      (6)   The need for the requested variance is not the result of actions of the property owner or previous property owners (self-created);
      (7)   The authorizing of such variance will not be of substantial detriment to the adjacent and nearby properties; and
      (8)   The need for the requested variance is not based primarily on non-conforming use(s) of nearby lands, structures or buildings.
(Ord. passed 7-12-2012, § 15.10)

§ 154.999 PENALTY.

   (A)   Violations; nuisance per se; municipal civil infractions.
      (1)   Any building erected, moved, altered, razed or converted, or any use of land that is begun or changed subsequent to the effective date of this chapter, or its amendment, that is in violation of any provision of this chapter or the requirements thereof or any condition or requirement of a zoning permit, occupancy permit, site plan, PUD, special use approval, decision of the ZBA or a variance or other approval granted under this chapter, is hereby declared to be a nuisance per se, and shall be abated by any court of competent jurisdiction.
      (2)   Any person, corporation, firm or other entity who violates, disobeys, omits, neglects or refuses to comply with any provision of this chapter or any condition or requirement of a zoning permit, occupancy permit, site plan, special use approval, PUD, decision of the ZBA, or a variance or other approval granted under this chapter is responsible for a municipal civil infraction, subject to payment of a civil fine, in an amount determined by the township from time to time, plus costs and other sanctions, for each violation, as authorized by § 10.99 of this code of ordinances and other applicable laws. Repeat offenses under this chapter shall be subject to increased fines in the amounts as provided by § 10.99 of this code of ordinances.
      (3)   Each day on which any violation of this chapter occurs or continues constitutes a separate offense subject to separate sanctions.
(Ord. passed 7-12-2012, § 14.10)
   (B)   Cumulative. The remedies provided by this chapter are cumulative. In addition to any remedies available at law, the township may bring an action for an injunction or other process against any person to restrain, prevent or abate any violation of this chapter. Further, the imposition of any fine or sanction shall not exempt an offender from compliance with the provisions of this chapter.
(Ord. passed 7-12-2012, § 14.11)