Summit Township City Zoning Code
CHAPTER 156
CONSTRUCTION BOARD OF APPEALS
§ 156.01 SHORT TITLE AND CITATION.
This chapter shall be known and cited as the "Township of Summit Construction Board of Appeals Ordinance."
(Ord. passed 5-10-2022)
§ 156.02 BOARD ESTABLISHED.
A Construction Board of Appeals is hereby established pursuant to the provisions set forth in the Michigan Construction Code Act, being Act 230 of the Michigan Public Acts of 1972, as amended.
(Ord. passed 5-10-2022)
§ 156.03 CONFLICTS.
All ordinances which may have been previously enacted and which are in conflict with this chapter are hereby repealed.
(Ord. passed 5-10-2022)
§ 156.04 DEFINITIONS.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ACT. The State Construction Code Act of 1978, being 230 P.A. of 1978, as amended.
BOARD OF APPEALS. The Construction Board of Appeals created by this chapter pursuant to the State Construction Code Act.
CODE. The State Construction Code provided for in M.C.L.A. § 125.1504, as amended, or a part of that code of limited application and includes a modification of or amendment to the code.
COMMISSION. The State Construction Code Commission.
ENFORCING AGENCY. The enforcing agent, as provided in the State Construction Code Act, which is responsible for the administration and enforcement of a nationally recognized model code or the State Construction Code within a governmental unit, except as may be provided in M.C.L.A. § 125.1519, as amended.
INTERESTED PERSON. A political subdivision of the state, natural person, limited liability company, partnership or corporation who has applied for a building permit and whose application has been refused, in whole or in part, by the enforcing agency, or a person, limited liability company, partnership or corporation which is the subject of any other decision of the enforcing agency made pursuant to or related to the Act or the Code.
TOWNSHIP. The Township of Summit and its Board of Trustees.
(Ord. passed 5-10-2022)
§ 156.05 CONSTRUCTION CODE BOARD OF APPEALS.
(A) Membership. The Board of Appeals shall consist of 5 members who shall be nominated by the Township Supervisor and approved by the Board of Trustees. Members shall be qualified by experience or training in a manner consistent with the Act. Members shall serve a 2-year term; except that the Supervisor may appoint a replacement in the event that a member resigns or is otherwise unable to serve. The Supervisor may also appoint alternate members who may serve in the event of a conflict or the temporary absence or unavailability of a member, provided that the alternate is qualified as required by the Act.
(B) Meetings. The Board of Appeals shall meet on an ad hoc basis to consider appeals properly filed by an interested person or the person's authorized agent in the manner provided by the Act, and which appeals are consistent with the jurisdiction conferred upon the Board of Appeals by the Act. The Board of Appeals shall hear the appeal and shall render and file with the enforcing agency its decision within 30 days after submission of the appeal as required by the Act and the provision of this chapter.
(C) Compensation. The township may, by resolution, provide for reasonable compensation to be paid to Board of Appeals members for attendance at hearings or discharge of other required duties; provided, however, that all members shall be compensated at an equal rate and the rate of compensation shall be consistent with the rate which is paid by the township to members of other boards and commissions.
(D) Open meetings; notice. Public notice of the time, date and place of all Board of Appeals meetings shall be given in the manner required by the Open Meetings Act (Act No. 267 of P.A. of 1976, as amended). The business which the Board of Appeals may perform shall be conducted at a public meeting of the Board of Appeals held in compliance with the Open Meetings Act (Act No. 267 of P.A. of 1976, as amended).
(E) Official record. A record of decisions made by the Board of Appeals, properly indexed, and any other writing prepared, owned, used or in possession of, or retained by the enforcing agency for the Board of Appeals in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act (Act No. 442 of P.A. of 1976, as amended).
(Ord. passed 5-10-2022)
§ 156.06 CONDUCT OF HEARINGS; PROCEDURES.
(A) An interested person, or that person's authorized representative, may institute an appeal of the decision of the enforcing agency to refuse to grant, in whole or in part, an application for a building permit, or any other decision of the enforcing agency made pursuant to, or related to, the Act or the Code. The request for appeal shall be in writing, and shall set forth the name and address of the interested party, the nature of the decision being appealed, the date the decision was rendered and a concise statement of the reason for the appeal. The request for appeal shall be dated and signed by the interested party or his or her authorized representative. For the purposes of instituting an appeal, failure of the enforcing agency to grant, in whole or in part, or to deny an application for permit within a maximum of 15 days, shall be deemed a denial of the application for purposes of authorizing the institution of an appeal. Failure of an interested party to request an appeal within 30 days after the written or deemed denial will be considered a waiver of the appeal.
(B) Fees. The township may, by resolution, establish a fee for the institution of an appeal, which fee shall not exceed the actual costs to the township of administering the appeal, including compensation for Board of Appeals members and expenses for required public notices and publications.
(C) Hearings. Hearings shall be conducted in an impartial manner without undue delay. The Board of Appeals shall hear the appeal and render and file its decision with a statement of reasons for the decision with the enforcing agency from which the appeal was taken not more than 30 days after submission of the appeal. Failure by the Board of Appeals to hear an appeal and file a decision within the time limit is considered to be a denial of the appeal for purposes of authorizing the institution of an appeal to the commission. A copy of the decision and statement of the reasons for the decision shall be delivered or mailed, before filing, to the party taking the appeal.
(D) Procedure. The township may establish procedures to be followed by the Board of Appeals insofar as those procedures do not conflict with the Act. Except as otherwise provided by the Act, or by any other applicable laws or ordinances, the Board of Appeals may by rules establish its own procedures.
(Ord. passed 5-10-2022)
§ 156.07 VARIANCES.
(A) After a public hearing, the Board of Appeals may grant a specific variance to a substantive requirement of the Code if the literal application of the substantive requirement would result in an exceptional, practical difficulty to the applicant, and if both of the following requirements are satisfied.
(1) The performance of the particular item or part of the building or structure with respect to which the variance is granted shall be adequate for its intended use and shall not substantially deviate from performance required by the Code of that particular item or part for the health, safety and welfare of the people of the township.
(2) The specific condition justifying the variance shall be neither so general nor recurrent in nature as to make an amendment of the Code with respect to the condition reasonably practical or desirable.
(B) The Board of Appeals may attach in writing any condition in connection with the granting of a variance that in its judgment is necessary to protect the health, safety and welfare of the people of the township. The breach of such a condition shall automatically invalidate the variance and any permit, license and certificate granted on the basis of it. In no case shall more than a minimum variance from the Code be granted which is necessary to alleviate the exceptional, practical difficulty.
(Ord. passed 5-10-2022)
§ 156.08 NOTICE.
Interested parties to an appeal or variance proceeding shall be given reasonable notice of the date, time, place and nature of hearing with a concise statement of the nature of the proceeding and the matters involved.
(Ord. passed 5-10-2022)
§ 156.09 OTHER DUTIES OF BOARD OF APPEALS.
Nothing in this chapter shall be construed as preventing the township from granting the Board of Appeals additional powers or duties not inconsistent with the Act or other applicable laws or ordinances.
(Ord. passed 5-10-2022)