Three Oaks Township
City Zoning Code
City Zoning Code
ARTICLE XVIII
Board of Appeals
§ 380-18.01 Creation and membership.
The Three Oaks Township Zoning Board of Appeals previously established is hereby continued as the Zoning Board of Appeals (hereinafter called the "ZBA"), which shall perform its duties and exercise its powers as provided in the Zoning Enabling Act,[1] and in such a way that the objectives of this chapter shall be observed, public safety and welfare secured and substantial justice done. The ZBA shall be composed of the five following members:
A.
The first member of the ZBA shall be a member of the Township Planning Commission appointed by the Township Board of Trustees.
B.
The remaining four members of the ZBA shall be appointed by the Township Board of Trustees. Such members shall be electors of the Township residing in the unincorporated area of the Township, representative of the population distribution and of the various interests present in the Township.
C.
No more than one member of the ZBA may be a member of the Township Board of Trustees.
D.
An elected officer of the Township shall not serve as Chairman of the ZBA. An employee or contractor of the Township Board of Trustees may not serve as a member or an employee of the Township ZBA, with the exception that the recorder, a nonvoting clerical position of the ZBA, may be an employee of the Township.
E.
The term of office for each member shall be three years, and terms shall be staggered; provided, however, that the members of the Zoning Board of Appeals duly holding office at the time of the adoption of this chapter shall remain in office through the completion of their terms of office.
F.
The officers of the ZBA shall consist of a Chairman, Vice Chairman and Secretary to serve for a period of one year, or until successors are elected. Such officers shall be elected by a majority of the ZBA at its April meeting. Such meeting shall be conducted for the purposes of organization, whether or not there are other items of business to be brought before the ZBA.
G.
The Township Board may appoint up to two alternate members for the same terms as the regular members. An alternate may be called to serve as a regular member in the absence of a regular member if the regular member will be unable to attend one or more meetings. 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. The alternate member shall serve in the case until a final decision is made. The alternate member shall have the same voting rights as a regular member.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
§ 380-18.02 Removal.
Members of the ZBA shall be removable by the Township Board for nonperformance of duty or misconduct in office, upon written charges and after public hearing.
§ 380-18.03 Meetings and records.
Meetings of the ZBA shall be held at the call of the Chairman and at such other times as the Board in rules of procedure may specify. All hearings conducted by such Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact; and shall also keep records of its hearings and other official action. The record of the proceedings of the Board shall be filed in the office of the Township Clerk and shall be a public record. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.
A.
Fees. The Township Board may from time to time prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the Board. Each appeal or application shall be accompanied by the fees and shall be deposited by the Zoning Administrator with the Township Treasurer.
B.
Jurisdiction. The Board shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this chapter, but does have the power 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 laws of the State of Michigan. Such powers include:
(1)
Administrative review. To hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Administrator or any other administrative official in carrying out or enforcing any previsions of this chapter.
(2)
Variance, decision standard. To authorize, upon application, a variance from the strict application of the provisions of this chapter where the ZBA finds the following criteria are met:
(a)
Basic standards. The ZBA shall find that a variance request meets all of the following standards:
[1]
The requested variance shall not be contrary to the public interest or to the intent and purpose of this chapter.
[2]
The requested variance shall not permit the establishment within a district of any use which is not permitted by right within that zone district, or any use or dimensional variance for which a special land use permit is required.
[3]
The requested variance shall not cause a substantial adverse effect upon properties in the immediate vicinity or in the district in which the property is located.
[4]
The conditions or situations which necessitate the requested variance are not so general or of such recurrent nature as to make the formulation of a general regulation for such conditions reasonably practical.
[5]
The requested variance shall not be necessitated by any self-created condition or action taken by the applicant or property owner.
[6]
There is no reasonable alternative location on the parcel for the proposed improvements for which a variance is sought where such alternative location would eliminate the need for the requested variance or reduce the extent of the condition(s) necessitating the variance.
(b)
Special standards. When all of the foregoing basic standards can be satisfied, a variance may be granted when any one of the following special standards can be clearly demonstrated:
[1]
Where there are practical difficulties which prevent full compliance with the requirements of this chapter. Such practical difficulties shall be evaluated in terms of the use of a particular parcel of land. Neither the fact that the appellant could incur additional costs to achieve full compliance, or receive additional income with less than full compliance shall be determined a practical difficulty for the purposes of this subsection.
[2]
Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape, or topography of the property involved, or to the intended use of the property that do not generally apply to other property or uses in the same zoning district.
[3]
Where such variation is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.
C.
In granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance.
(1)
Consideration of variance. In consideration of all appeals and all proposed variations from the terms and requirements of this chapter, the ZBA shall, before making any variation from the chapter in a specific case, first determine that the proposed variation, or a lesser variance from the terms of this chapter, will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety or welfare of the inhabitants of the Township. The concurring vote of the majority of the members of the Board shall be necessary to reverse any order, requirements, decision or determination of the Zoning Administrator, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision.
(2)
Notice. Upon receipt of a complete application, the Zoning Administrator shall cause notices to be published and delivered in accordance with § 380-21.06 of this chapter. The ZBA may recess a hearing from time to time, and if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required. Applicants shall be represented during the hearing either in person or by agent.
D.
Appeal.
(1)
An appeal may be taken to the Board by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision of the Zoning Administrator. Such appeal shall be taken by the Zoning Administrator as notice of appeal, specifying the grounds thereof.
(2)
The Zoning Administrator shall transmit to the Board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board after notice of appeal has been filed with him that by reason of fact stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by a court of record.
(3)
The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the applicant and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.
§ 380-18.04 Time limit on variances.
Any variance or exception granted by the ZBA shall automatically become null and void after a period of 12 months from the date granted unless the applicant shall have taken substantial steps towards effecting the variance within said period; provided, however, that the ZBA may extend such period for a further period of time up to one year upon application without further notice.
§ 380-18.05 Appeals.
The decision of the ZBA shall be final; however, a party aggrieved by the decision of the Zoning Board of Appeals may appeal to a court of competent jurisdiction, to the extent and in the manner permitted by law.