The planning commission for Hamlin Township, pursuant to Section
11 of Act 168 of the Public Acts of 1959, as amended, shall have all of
the powers and duties of the zoning board as provided in the Township Rural
Zoning Act; and the members of said planning commission shall be appointed
in accordance with said public act.
23.02 ESTABLISHMENT OF BOARD OF APPEALS
There shall be a zoning board of appeals, as provided by the Township
Rural Zoning Act, that shall have such powers and duties as prescribed
by law. The board of appeals shall consist of five members and two alternates.
The first member of the board of appeals shall be a member appointed by
the township board from the township planning commission. The remaining
members of the board of appeals shall be selected from electors of the
township residing outside of any incorporated cities or villages. The members
selected shall be representative of the population distribution and of
the various interests present in the township. One member shall be a member
of the township board. An elected officer of the township shall not serve
as chairperson of the board of appeals. An employee or contractor of the
township board may not serve as a member or an employee of the township
board of appeals. The term of each member shall be for 3 years and until
a successor has been appointed not more than 1 month after the expiration
of the preceding term, except as to members who have been appointed from
the planning commission or township board whose terms shall be limited
to their term of office and the resolution appointing them to the board
of appeals. A member may be removed from the zoning board by the township
board if he or she misses more than 50 percent of the meetings in a 6-month
period.
A. The board of appeals shall have such duties and responsibilities
as provided in the Township Rural Zoning Act, including but not limited
to the following:
1. Adopt rules of procedure to govern its actions as an appeals
board.
2. Hear and act upon all questions that may arise from the administration
of the zoning ordinance, including ordinance interpretation, review of
standards, and the zoning map.
3. Hear and act upon appeals made from a review, order, requirement,
decision, or determination made by a body or official who is administering
the zoning ordinance.
4. Hear and act upon requests for variances.
B. The concurring vote of a majority of the members of the board
of appeals shall be necessary to reverse an order, requirement, decision,
or determination of the administrative official or body or to decide in
favor of an applicant any matter upon which they are required to pass upon
or to affect any variance in this ordinance. The board shall state the
basis or grounds for its decision, and shall identify the facts that support
the conclusion reached on the cases before it.
C. Procedures:
1. The zoning board of appeals shall adopt such rules of procedure
consistent with the provisions of Michigan statutes and local ordinances
as it may deem necessary to the proper performance of its duties and the
proper exercise of its powers.
2. Meetings of the zoning board of appeals shall be held at the
call of the chairperson and at such other times as the board may determine.
Hearings of the zoning board of appeals shall be public. The board
shall keep minutes of its proceedings showing the action and the vote of
each member upon each question or if absent or failing to vote, indicating
such fact; and the board shall keep records of its examination and other
official actions, all of which shall be public record.
4. The zoning board of appeals shall hear and decide appeals from
any order, requirement, decision, or determination made by an administrative
official or body charged with enforcement of this ordinance. The board
shall also hear and decide matters referred to it or upon which it is required
to pass under the provisions of this ordinance.
5. An application to the zoning board of appeals, in cases in which
it has original jurisdiction under the provisions of this ordinance, may
be made by any property owner, including a tenant or by a government office,
department, board, or bureau. Such application shall be filed with the
zoning administrator, who shall transmit the same, together with all the
plans, specifications, and other papers pertaining to the application to
the zoning board of appeals.
D. Appeal Procedure:
1. An appeal may be filed by a person aggrieved or by an officer,
department, board, or bureau of the township. Such appeal shall be taken
within 30 days of the date that the individual receives notice of the decision
being appealed. Such notice must include a statement of the individual's
right to appeal and the time limit for filing such an appeal.
2. An appeal stays all proceedings in furtherance of the action
appealed from unless the officer or body from whom the appeal is taken
certified, to the zoning board of appeals, after notice of appeal is filed,
that, by reason of facts stated in the certificate, a stay would, in the
opinion of the officer or body, cause imminent peril to life or property,
in which case proceedings shall not be stayed otherwise than a by restraining
order, This restraining order may be granted by the zoning board of appeals
or circuit court on application of or notice to the officer or body from
whom the appeal is taken and due case shown.
3. Decisions on appeals shall be rendered within 60 days after the
hearing thereon and, in any event, within 90 days after the filing of the
appeal. All decisions of the zoning board of appeals shall become final
5 days after the date of entry of an order unless the board shall find
and so certify on the record that it is necessary to cause such order to
have immediate effect in order to preserve property or personal rights.
E. Upon the filing of any appeal or application as herein provided
or upon any other application in any matter or proceeding over which the
zoning board of appeals shall have jurisdiction by law or ordinance, the
zoning board of appeals shall hold a public hearing on such appeal or application.
Such hearing shall be held at the next meeting of the board to be held
not less than 12 days after the date of such filing. The zoning board of
appeals shall give due notice of the time and place of such hearing to
the applicant, to the persons to whom real property is assessed within
300 feet of the premises in question, and to the occupants of singe-and
two-family dwellings within 300 feet of such property. Such notice shall
be delivered personally or by mail, addressed to the respective owners
and tenants at the address given in the last assessment roll. If the tenant
name is not known, the term "occupant" may be used.
F. Limitations of Authority of Board of Appeals:
1. Nothing contained in this ordinance shall be deemed to authorize
the board of appeals to validate, ratify, or legalize any violation of
law or any of the regulations of this ordinance.
2. The board shall not amend any portion of this ordinance of the
zoning map.
3. A decision of the board granting a variance shall be valid for
a period of 6 months, during which time a building permit must be obtained
and the erection or alterations commenced.
4. No application for a variance that has been denied in whole or
in part by the board shall be resubmitted for a period of 1 year from the
date of denial except on the grounds of newly discovered evidence or proof
of changed conditions.
5. The decision to deny, approve, or approve with conditions shall
be incorporated in a statement of conclusions relative to the variance
under consideration that specified the basis for the decision and any conditions
imposed. The following standards shall be observed:
a) The use, location, and size of use and the nature and intensity
of operations shall not be such as to disrupt the orderly and proper development
of the district as a whole or shall not be in conflict with or discourage
the principal permitted uses of adjacent or neighboring lands and buildings.
b) The use shall not diminish the value of land, buildings, or structures
in the neighborhood or shall not increase hazards from fire or other dangers
to either the property or adjacent properties.
c) The use shall not increase traffic hazard or cause congestion
on the public highways or streets of the area. Adequate access to the use
shall be furnished by either existing roads or highways or proposed roads
for highways.
d) Commercial and industrial uses on state trunk lines or county
primary roads shall be located in commercial or industrial zones except
farm produce stands located on the farm where the major portion of the
produce is grown.
e) The water supply and sewage disposal system shall be adequate
for the proposed use.
f) The use, location, and size of use shall not unnecessarily diminish
land used to meet the needs of the state's citizens for food, fiber, energy,
and use of other natural resources.
g) Uses by variance shall not be more objectionable to nearby properties
by reason of traffic, noise, vibrations, dust, fumes, smoke, glare, flashing
lights, or disposal of waste than the operation of any principal permitted
use.
h) The use shall not impair the purpose or intent of this ordinance
or the purposes of the district in which it is located.
G. Requests for variances or appeals may be made by submitting an
application of letters to the zoning administrator.
23.03 ZONING ADMINISTRATOR
A zoning administrator shall be designated and appointed by the
Hamlin Township Board to perform such tasks, for such term, subject to
such conditions, and at such rate of compensation as the township board
shall determine.it shall be the responsibility of the zoning administrator
to enforce and administer the provisions of this ordinance and, in so doing,
shall perform the following duties:
A. All applications for zoning compliance permits and special use
permits shall be submitted to the zoning administrator, who may issue such
permits and certifications of occupancy when all applicable provisions
of this ordinance have been met and approval has been granted by the proper
body or official.
B. The zoning administrator shall maintain and keep, in an orderly
and accessible manner, files of all applications for all of the above permits
and variances and shall keep records of all such permits and variances
issued. These shah be filed at a location designated for such purpose and
shall be open to public inspection.
C. The zoning administrator shall be empowered to make inspections
of buildings or premises in order to properly carry out the enforcement
of this ordinance.
D. The zoning administrator shall investigate alleged violations
and enforce corrective measures when required.
E. Under no circumstances is the zoning administrator permitted
to make changes in this ordinance nor to vary the terms of this ordinance
while carrying out the duties prescribed herein. It shall be the responsibility
of the township board to assure that the zoning administrator enforces
the provisions of this ordinance.