a.

Establishment: The zoning board of appeals is established pursuant to the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended.

b.

Membership: The Zoning Board of Appeals is composed of five (5) members, one of whom shall be a member of the planning commission, and shall be appointed by a majority vote of the serving members of the Thomas Township Board of Trustees. The four (4) remaining regular members of the zoning board of appeals shall be selected from the electors of Thomas Township and shall be representative of the population distribution and of the various interests present in Thomas Township. One (1) regular member of the zoning board of appeals may be a member of the Thomas Township Board of Trustees, but shall not serve as chairperson of the zoning board of appeals.

c.

Terms of Office: The term of office for an appointed member of the zoning board of appeals shall be three (3) years except for a member serving because of his or her membership on the planning commission or board of trustees, whose term shall be limited to the time he or she is a member of that body. When members are first appointed, appointments may be for less than three (3) years to provide for staggered terms. A successor shall be appointed not more than one (1) month after the term of the preceding member has expired.

d.

Vacancy: A vacancy on the zoning board of appeals shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

e.

Conduct of Business: The zoning board of appeals shall not conduct business unless a majority of the regular members of the zoning board of appeals are present.

f.

Participation/Voting by Certain Members: A member of the zoning board of appeals who is also a member of the planning commission or the board of trustees 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 board of trustees. However, the member may consider and vote on other unrelated matters involving the same property.

g.

Other Powers/Duties: The foregoing provisions are not intended to be exclusive and the provisions of the Zoning Enabling Act, P.A. 110 of 2006, as presently existing or hereafter amended pertaining to the zoning board of appeals are hereby incorporated by reference as if they were set forth word for word.

(Ord. No. 17-Z-07, 1-8-2018, eff. 1-18-2018)

a.

Rules of Procedure. The Zoning Board of Appeals (ZBA) may adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function. The Board shall choose its chairman and in his absence, an acting chairman.

b.

Meetings: Meetings shall be held at the call of the chairman and at such other times as the ZBA may determine. All meetings shall be open to the Public. The zoning 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.

c.

Records: Minutes shall be recorded of all proceedings which shall contain evidence and dates relevant to every case considered together with the votes of the members and the final disposition of each case. Such minutes shall be filed in the office of the Township Clerk and shall be made available to the general public in accordance with applicable state law.

d.

Counsel: The Township Attorney shall act as legal counsel for the ZBA and shall be present when requested at meetings of the Zoning Board of Appeals.

e.

Procedure For Appeals to the Zoning Board of Appeals:

1)

A demand for a zoning appeal is received by the Zoning Administrator.

Appeals can be filed by:

a)

A person aggrieved, or

b)

An officer, department, board or bureau of the state or local unit of government.

2)

The Zoning Board of Appeals shall have the authority to hear appeals concerning:

a)

All questions that arise in the administration of the zoning ordinance, including interpretation of the zoning map.

b)

All administrative orders, requirements, decisions or determinations made by an administrative official or body charged with enforcement of the zoning ordinance.

c)

All decisions of the Zoning Administrator.

d)

All decisions concerning site plan review.

e)

All decisions of the Planning Commission concerning planned unit developments.

3)

Upon receipt of a demand for appeal, the administrator will review the demand for appeal to insure it is complete and the fee is paid.

a)

If the application is not complete, the administrator will return the application to the applicant with a letter that specifies the additional material required.

b)

If the application is complete, the administrator and chairman of the Zoning Board of Appeals shall establish a date to hold a hearing on the appeal.

4)

The appeal stays all proceedings in furtherance of the action appealed, unless the body or officer from whom the appeal is taken certifies to the Zoning Board of Appeals that by reason of facts stated in the certificate, a stay would in the opinion of the body or officer cause imminent peril to life or property, in which case proceedings may be stayed by a restraining order issued by the Zoning Board of Appeals or a circuit court.

5)

The notices shall be given not less than fifteen (15) days before the date of the hearing on an appeal. Notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the U.S. Postal Service or other public or private Delivery Service.

a)

Notices shall be sent to:

i.

The individual demanding the appeal.

ii.

The owner (or other owners) of the property, if different.

iii.

The owners of all real property within three hundred (300') feet of the boundary for the property for which the approval has been requested, as shown by the latest assessment roll, regardless of whether the owner and property is located in the zoning jurisdiction.

iv.

One occupant of each structure, or each unit within multiple-unit structures, within three hundred (300') feet of the boundary for the property for which the approval has been requested, regardless of whether the owner and property is located in the zoning jurisdiction. (For multiple-unit structures containing more than four dwelling units, only the manager of the structure needs to be notified and post the information at the main entrance to the structure.)

v.

The general public by publication in a newspaper which circulates in Thomas Township.

vi.

Members of the Zoning Board of Appeals.

b)

The notice shall include:

i.

The nature of the appeal being requested.

ii.

The property/properties for which the appeal or variance has been made.

iii.

A listing of all existing street addresses within the property/properties which is/are the 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.)

iv.

The location where the demand for appeal can be viewed and copied prior to the date of the hearing.

v.

The date, time and location of when the hearing before the Zoning Board of Appeals will take place.

vi.

The address which written comments should be directed prior to the hearing.

vii.

For members of the Zoning Board of Appeals only, a copy of the demand for appeal, the entire record on the case, the staff report and supporting documents in the record.

6)

Hearings: The Zoning Board of Appeals shall hold a hearing on the demand for appeal. Upon the hearing, any party or parties may appear in person or by agent or by attorney.

7)

Decisions: The Zoning Board of Appeals shall return a decision upon each case within thirty (30) days after a request or appeal has been filed, unless a further time is agreed upon with the parties concerned. Any decision of the Zoning Board of Appeals shall not become final until the expiration of five (5) days from the date of entry of such order.

f.

Duties And Powers: The ZBA shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms or intent of this ordinance, but does have power to act on those matters where this ordinance provides for an administrative review, interpretation, variance exception, or special approval permit as defined in this Section.

1)

Review: The ZBA shall 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 or by another official in administering or enforcing any provisions of this ordinance.

2)

Interpretation: The ZBA shall have the power to:

a)

Interpret, upon request, the provisions of this ordinance in such a way as to carry out the intent and purpose of the Ordinance.

b)

Determine the precise location of the boundary lines between zoning districts.

c)

Classify a use which is not specifically mentioned as part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use in accordance with the purpose and intent of each district.

3)

Variances: The Zoning Board of Appeals shall base its decisions on variances from the Ordinance so that the spirit of the Ordinance is observed, public safety secured and substantial justice done based on the following standards:

a)

For Dimensional Variances: A dimensional 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 the practical difficulty exists by showing all of the following:

i.

That 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 and is not due to the applicants personal or economic difficulty.

ii.

That the need for the requested variance is not the result of actions of the property owner or previous property owners (self-created).

iii.

That 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 a permitted purpose or will render conformity with those regulations unnecessarily burdensome.

iv.

That 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.

v.

That 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.

b)

Rules: The following rules shall be applied in the granting of variance.

i.

The Zoning Board of Appeals may specify, in writing, such conditions regarding the character, location and other features that will, in its judgment, secure the objectives and purposes of this ordinance. The breach of any such condition shall automatically invalidate the permit granted.

ii.

Each variance granted under the provisions of this ordinance shall become null and void unless:

• The construction authorized by such variance or permit has been commenced within six (6) months after the granting of the variance.

• The occupancy of land, premises or buildings authorized by the variance has taken place within one year after the granting of the variance.

• No application for a variance which has been denied wholly or in part by the Zoning Board of Appeals shall be resubmitted for a period of one year from the date of the last denial, except on the grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Zoning Board of Appeals to be valid.

g.

Temporary Permits: Temporary permits for temporary structures such as a garage, partial structure, cellar or basement to be used for dwelling purposes, including mobile homes not meeting Building Code requirements or house travel trailer, not located in a licensed mobile home park shall be subject to the following procedures and limitations:

1)

An application for a permit for the erection or movement of a temporary structure for dwelling purposes, including trailer coaches, shall be made to the ZBA on a form used for that purpose. The applicant shall submit along with the application the written consent of fifty percent (50%) of the owners of all dwellings within five hundred feet (500') of the proposed site.

2)

The Zoning Board of Appeals shall give due notice to the applicant and to all property owners within five hundred feet (500') of the property affected at least five (5) days before the hearing will be held on such application.

3)

A temporary permit shall not be granted unless, the Zoning Board of Appeals finds adequate evidence that the proposed location of the use will not be detrimental to property in the immediate vicinity; and that the proposed water supply and sanitary facilities have been approved by the Saginaw County Health Department.

4)

The Zoning Board of Appeals may impose any reasonable conditions in addition to the district requirements in which the use is proposed, including setbacks, land coverage, off-street parking, landscaping and other requirements deemed necessary to protect adjoining properties and the public welfare. The violation of any such condition shall automatically invalidate the permit.

5)

Unique and temporary conditions shall exist which justify the need for a trailer coach of a nature that relates to the use of the principal dwelling on the property in question.

6)

The permit issued shall clearly set forth the conditions under which the permit is granted and shall state that the proposed temporary dwelling structure is to be vacated upon expiration of a specific time limit not to exceed twelve (12) months. No permit shall be transferable to any other owner or occupant. The permit may be renewed in the case of trailer coaches if the conditions above can be met again for a maximum of twelve (12) months.

7)

Temporary Outdoor Uses, such as displays, Christmas tree sales lots, revival tents, or other quasi-civic activities may be permitted on a temporary basis without a public hearing by the Township's Zoning Board of Appeals, provided that such permit shall not be issued for more than thirty (30) days in any one year and that said use can be adequately shown not to be injurious or detrimental to properties in immediate vicinity.

h.

Conditional Permits: When conditions exist that are unique to a particular situation, a conditional permit may be issued with specific limitations imposed by the Zoning Board of Appeals. The land or structure use may be permitted to be established and to continue in use as long as the unique conditions to the use exist. The permit may be cancelled when the conditions upon which the permit was issued cease to exist. The permit issued shall contain all the specified conditions under which continued use may be allowed. Conditional permits may be issued for the following uses:

1)

Permit more than two (2) roomers in any one dwelling, but not more than four (4), when it can be demonstrated to the satisfaction of the Zoning Board of Appeals that such an expanded capacity is a clear necessity for satisfaction of this particular housing demand; that adequate off-street parking space can be and that such use will not injure the character or value of the immediate neighborhood.

2)

The Zoning Board of Appeals may authorize a reduction, modification, or waiver of any of the off-street parking or off-street loading regulations in Chapter 5, when it can be demonstrated that circumstances of extreme practical difficulty exist that would unquestionably result in hardship to the applicant when a literal interpretation of the regulations is required. Hardship shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land. A hardship that is a result of any action of the applicant shall not be considered by the Zoning Board of Appeals. Under all these circumstances, in no case shall the off-street parking or off-street loading standards be reduced by more than twenty-five percent (25%).

3)

Joint use of off-street parking areas may be authorized when the capacities outlined in Chapter 5 are complied with and when a copy of an agreement between joint users shall be filed with the application for a building permit and is recorded with the Register of Deeds of Saginaw County, guaranteeing continued use of the parking facilities for each party.

4)

Use of a "model home" within a residential district including modular or sectional homes (except mobile home sales shall not be allowed) and provided said permit shall be for one year only; but may be renewed; and further provided all regulations of the district within which the proposed use is allowed are followed.

5)

Other "conditional uses" based upon findings of fact by the Zoning Board of Appeals that indicate conditions exist that are unique to a particular situation, however, not contrary or in contradiction to the intent of the district within which the proposed use is located.

i.

Bond For Compliance: In authorizing any variance or in granting any conditional or special approval permits, the Zoning Board of Appeals may require that a bond of ample sum but not to exceed five thousand dollars ($5,000.00), be furnished to ensure compliance with requirements, specifications and conditions imposed with the grant of variance.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997; Ord. No. 08-Z-04, 11-12-2008, eff. 12-15-2008)

APPENDIX

APPLICATION FOR CERTIFICATION OF OCCUPANCY

APPLICATION FOR SITE PLAN REVIEWAPPLICATION FOR SPECIAL USE PERMITAPPLICATION FOR REZONING OR TEXT CHANGEAPPLICATION FOR ZONING BOARD OF APPEALSAPPLICATION FOR SIGN PERMITZONING ORDINANCE ADOPTION RESOLUTION