The ZBA shall have authority to hear and decide requests for interpretation of this chapter, including the Zoning Map, in accordance with the standards set forth in this section.
(A) Application. Any property owner may file an application for a zoning ordinance interpretation with the Zoning Administrator. Such application shall include a fee as established from time to time by the City Council. The City Council and the Planning Commission may also petition the ZBA for a Zoning Ordinance interpretation by filing an application with the Zoning Administrator, and in such case there shall be no fee required. The application shall contain, at a minimum, the following information:
(1) Name and address of the applicant;
(2) The property address and tax number for the property in question;
(3) A plot plan showing the property boundary lines and dimensions, and the location and dimensions of existing and proposed structures; and
(4) A written narrative that describes the issue on which the zoning ordinance is unclear or ambiguous and the nature and extent of the problem created by the language of the zoning ordinance.
(B) Process. The Zoning Administrator shall review the application for completeness. Once a completed application is received by the Zoning Administrator, he or she shall forward the application to the Secretary of the ZBA who shall schedule a meeting of the ZBA and place the application on the agenda of that meeting. Such meeting shall be held no sooner than 15 days and no more than 60 days from the date that notice of the meeting is provided pursuant to the next following division (C).
(C) Notice of public hearing. Upon receipt of an application for an interpretation of the zoning ordinance, a notice stating the time, date, and place of the public hearing shall be published in a newspaper of general circulation within the township and shall be sent to the person requesting the interpretation not less than 15 days before the public hearing. In addition, if the application for interpretation involves a specific parcel, written notice stating the nature of the interpretation requested, and the time, date, and place of the public hearing shall be sent by first-class mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of the property in question. If a tenant’s or other occupant’s name is not known, the term “occupant” may be used.
(D) Hearing. At the hearing, a party may appear in person or by agent or attorney. The ZBA shall consider the application for a zoning ordinance interpretation at the public meeting. The ZBA shall allow for public comment on the application. The ZBA shall consider the application in regard to the standards set forth in division (E) below. The ZBA may request advice from the Zoning Administrator, the Planning Commission, the City Council, consultants for the city, and any other party whose knowledge or expertise may assist the ZBA with making an informed decision.
(E) Standards. In considering and acting upon a request for a zoning ordinance interpretation, the ZBA shall consider the following:
(1) Any interpretation issued by the ZBA shall be in keeping with the text as well as the spirit and intent of the Master Plan;
(2) Any interpretation issued by the ZBA shall be in keeping with the text as well as the spirit and Intent of the zoning ordinance, read as a whole;
(3) Any interpretation issued by the ZBA shall be in keeping with reasonable and/or practical interpretations that have been consistently applied in the administration of the ordinance;
(4) Any map or boundary interpretation shall be made based upon rules in the ordinance, and any relevant historical information;
(5) Any interpretation issued by the ZBA shall be related to an issue on which the zoning ordinance contains ambiguous, unclear, or conflicting language;
(6) No interpretation shall be issued for an issue on which the zoning ordinance is silent. The appropriate remedy for such issues is an amendment to the zoning ordinance in accordance with § 152.093; and
(7) Any interpretation issued will serve to protect the health, safety and welfare of the community, and shall not be injurious to adjacent and nearby properties.
(F) Action. When the ZBA finds that a request for a zoning ordinance interpretation complies with each standard set forth in division (E) above, the ZBA may approve the requested interpretation. When the ZBA finds that a request does not comply with one or more of the standards, then the ZBA shall deny the requested interpretation. The ZBA may approve a different interpretation than that which was requested, when it finds that the alternative interpretation complies with each standard.
(G) Record. The Secretary of the ZBA shall notify the Secretary of the Planning Commission of the ZBA’s action on all requested interpretations. The Secretary of the Planning Commission shall maintain a public record of all interpretations approved by the ZBA.
(H) Appeal of ZBA interpretation. Any party aggrieved by an interpretation of the ZBA may appeal to the County Circuit Court as provided in and subject to M.C.L.A. § 125.3606 and M.C.L.A. § 125.3607.
(Ord. passed 4-12-2011)