Municipal Code
CHAPTER 1244 Board of Zoning Appeals
EDITOR'S NOTE: A schedule of fees for planning
related activities is adopted from time to time by
resolution of Council. Copies of the latest such
schedule and of the latest relevant legislation may be
obtained, at cost, from the Village Clerk.
1244.01 Establishment.
1244.02 Membership; appointment; removal; vacancies.
1244.03 Election of officers.
1244.04 Meetings.
1244.05 Appeals and review.
1244.06 Fee for appeals.
1244.07 Powers and duties.
1244.08 Notice of hearing.
1244.09 Approval period.
CROSS REFERENCES
Regulation of land development and the uses of land and
structures by local authorities - see M.C.L.A. 125.3201
Authority to zone - see M.C.L.A. 125.3202
Uses of land or structures not conforming to ordinances;
powers of
legislative bodies; acquisition of property - see
M.C.L.A. 125.3208
Board of Appeals - see M.C.L.A. 125.3601
Meetings of the Board; freedom of information - see
M.C.L.A.
125.3602
Review by Circuit Courts; appeals to Supreme Court;
procedure - see
M.C.L.A. 125.3606
1244.01 ESTABLISHMENT.
There is hereby established a Board of Zoning Appeals
which shall perform its duties and exercise its powers
as provided in Article VI of Act 110 of the Public Acts
of 2006, as amended, in such a way that the objectives
of this Zoning Code shall be observed, public safety
secured and substantial justice done.
(Ord. 101. Passed 2-20-70; Ord. 2006-03. Passed
11-13-06.)
1244.02 MEMBERSHIP; APPOINTMENT; REMOVAL; VACANCIES.
The Board of Zoning Appeals, consisting of seven
members, is hereby created to replace the Board
heretofore created by the Village of Franklin in
Ordinance No. 21, effective August 18, 1964. When the
term of an individual member of the Board expires, the
Village Council shall appoint a successor for a
three-year term from the date of expiration of said
original member's term, except for the seventh member
added by this section to the earlier six-man Board,
which member shall be appointed for a three-year term at
the time the next reappointment or appointment is made
to the Board. All members shall be citizens of the
United States and residents of the Village
of Franklin and shall not be employees of the Village.
One member of the Board shall be a member of the Village
Planning Commission. One member of the Board may be a
member of the Village Council, but shall not serve as
chairperson of the Board. Members may be removed by the
Village Council for misfeasance, malfeasance, or
nonfeasance in office only after consideration of
written charges and a public hearing. A member shall
disqualify himself or herself from a vote in which the
member has a conflict of interest; failure to do so
constitutes malfeasance in office. Any vacancy in the
Board shall be filled by the Village Council for the
remainder of the expired term.
Appointments to the Board shall be made annually on July
15. Vacancies of specific unexpired terms may be filled
throughout the year. Each term shall begin on July 15
and end on July 14.
The Village Council may appoint not more than two
alternate members for the same term as regular members
to the Board. An alternate member may be called as
specified to serve as a member of the Board 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 member for the
purpose of reaching a decision on a case in which a
regular member has abstained for reasons of conflict of
interest. The alternate member appointed shall serve in
the case until a final decision is made. The alternate
member has the same voting rights as a regular member of
the Board.
(Ord. 101. Passed 2-20-70; Res. 98-116. Passed 6-8-98;
Res. 98-117. Passed 6-8-98; Ord. 2006-03. Passed
11-13-06.)
1244.03 ELECTION OF OFFICERS.
The Chairperson, Vice Chairperson and Secretary of the
Board of Zoning Appeals shall be elected annually by the
members of the Board. (Ord. 101. Passed 2-20-70.)
1244.04 MEETINGS.
All meetings of the Board of Zoning Appeals shall be
held at the call of the Chairperson or, in his or her
absence, the Vice Chairperson, and at such times as the
Board may determine. All meetings of the Board shall be
open to the public. The Board shall keep minutes of its
proceedings, showing the vote of each member on each
question, or, if absent or failing to vote, indicating
such fact, and shall keep records of its findings,
proceedings at hearings and other official actions, all
of which shall be immediately filed in the office of the
Village Clerk and shall be a public record. A quorum
shall consist of five members, and the Chairperson can
vote on all matters.
(Ord. 101. Passed 2-20-70; Res. 84-149. Passed
12-10-84.)
1244.05 APPEALS AND REVIEW.
An appeal may be taken to the Board of Zoning Appeals by
any person, firm or corporation, or by any officer,
department, board or bureau affected by a decision of
the Building Official. Such appeal shall be taken within
such time as shall be prescribed by the Board of Zoning
Appeals by general rule by filing with the Building
Official and with the Board a notice of appeal
specifying the grounds thereof. The Building Official
shall forthwith 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 Building Official
certifies to the Board, after the notice of appeal has
been filed with him or her that by reason of facts
stated in the certificate, a stay would, in his or her
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.
The Board shall select a reasonable time and place for
the hearing of the appeal and give due notice thereof to
the parties and shall render a decision on the appeal
without unreasonable delay. Notice of the hearing shall
be given in accordance with Section 1242.08. Any person
may appear and testify at the hearing either in person
or by duly authorized agent or attorney. (Ord. 101.
Passed 2-20-70; Ord. 2006-03. Passed 11-13-06.)
1244.06 FEE FOR APPEALS.
A fee of one hundred dollars ($100.00) shall be paid to
the Village Treasurer at the time notice of an appeal is
filed, unless payment of such fee is waived by the
general rules adopted by the Board of Zoning Appeals.
1244.07 POWERS AND DUTIES.
The Board of Zoning Appeals, as herein established, is a
body of limited powers. The Board shall have the
following specific powers and duties:
(a) Purpose. The purpose of the Board shall be to hear
and decide appeals where it is alleged there is an error
of law in any order, requirement, decision or
determination made by the Building Official in the
enforcement of this Zoning Code, and to hear and decide
cases where there are practical difficulties or
unnecessary hardship in the way of carrying out the
strict letter of this Zoning Code so that the spirit of
this Zoning Code shall be observed, public safety
secured and substantial justice done.
(b) Authorization. In hearing and deciding appeals, the
Board shall have the authority to grant such variances
from this Zoning Code as may be in harmony with the
general purpose and intent thereof so that the function
of this Zoning Code is observed, public safety and
welfare secured and substantial justice done, including
the following:
(1) Interpretation of zoning district boundaries.
Interpret the provisions of this Zoning Code in such a
way as to carry out the intent and purpose of the plan,
as shown upon the Zoning Map fixing the use districts,
accompanying and made part of this Zoning Code, where
street layout actually on the ground varies from the
street layout as shown on the Map aforesaid. In cases of
any question as to the location of any boundary line
between zoning districts, the Board shall interpret the
Zoning Map.
(2) Height, yard space and area requirements. Permit
such modification of the height, yard space and area
requirements as may be necessary to secure improvement
of a lot which is of such shape or so located with
relation to surrounding development or physical
characteristics that it cannot otherwise be improved
without such modification.
(3) New construction. Permit modification of zoning
requirements for new and existing buildings, provided
that all requirements for the particular use in the
zoning district where such use is permitted cannot be
met without extreme physical hardship, owing to the
shape of the lot, adjacent land uses or topography.
(4) Off-street parking and loading requirements. Permit
the modification of the off-street automobile parking
space or loading space requirements where, in the
particular instance, such modification will not be
inconsistent with the purpose and intent of such
requirements.
(5) Off-street parking lot development requirements.
Permit a variation, in the required regulations,
specified in Section 1262.02 of this Planning and Zoning
Code, if after investigation by the Board, it is found
that such variation, modification or exception is
necessary because of peculiar existing conditions and
that such variation, modification or exception will not
be inconsistent with the purpose and spirit of this
Planning and Zoning Code.
(6) Greenbelt and wall screening requirements. Permit
the modification or waiver of greenbelt and/or wall
screening requirements as specified in Section
1268.29(a) and (b) where such screening would serve no
good purpose, where other methods of screening would be
suitable or where it is necessary to provide entrances
to and exits from required off-street parking and
loading areas.
(7) Temporary buildings, uses and signs. Permit
temporary buildings, uses and signs for periods not to
exceed six months.
(8) Public utilities. Permit the erection and use of a
building, or an addition to an existing building, or a
public service corporation to be used for public utility
purposes, in any permitted district to a greater height
or of larger area than the district requirements herein
established, and permit the location in any use district
of a public utility building, structure or use, provided
that the Board of Zoning Appeals shall find such use,
height, area, building or structure reasonably necessary
for the public convenience and service, and provided,
further, that such building, structure or use is
designed, erected and landscaped to conform harmoniously
with the general architecture and plan of such a
district.
(9) Exterior radio, television, electronic or other
similar equipment. Permit greater height limits for
exterior radio, television, electronic or other similar
equipment. (See Section 1268.04.)
(10) Performance bonds. Establish performance bonds to
insure compliance with any requirement which may be
deemed necessary for approving any variance. (See
Section 1242.07.)
(c) Action on Building Department Decisions. The
concurring vote of two-thirds of the members of the
Board shall be necessary to reverse any order,
requirement, decision or determination of the Building
Department in favor of the applicant on any matter upon
which the Board is authorized by this Zoning Code to
render a decision.
The power or authority to alter or change this Zoning
Code or the Zoning Map is reserved to the Village
Council of the Village of Franklin in the manner
provided by law.
(d) Standards for Variances. In consideration of all
appeals and all proposed variances from this Zoning
Code, the Board shall, before making any variance from
this Zoning Code in a specific case, first determine
that the proposed variance involves exceptional
circumstances not found in other areas of the same
district, will not in any other respect impair the
public health, safety, comfort or welfare of the
inhabitants of the Village of Franklin and, in addition,
meets the following general standards:
(1) The proposed variance will cause development of such
location, size and character that it will be in harmony
with the appropriate and orderly development of the
surrounding neighborhood.
(2) The proposed variance will be of a nature that will
make vehicular and pedestrian traffic no more hazardous
than is normal for the district involved, taking into
consideration vehicular turning movements in relation to
routes of traffic flow, proximity and relationship to
intersections, adequacy of sight distances, location and
access of off-street parking and provisions for
pedestrian traffic, with particular attention to
minimizing child-vehicle contacts in Residential
Districts.
(3) The location, size, intensity, site layout and
periods of operations of any such proposed development
allowed by the variance will be designed to eliminate
any possible nuisance emanating therefrom which might be
noxious to the occupants of any other nearby permitted
uses, whether by reason of dust, noise, fumes,
vibration, smoke or lights.
(4) The location and height of buildings or structures
and the location, nature and height of walls and fences
allowed by the variance will be such that the proposed
use will not interfere with or discourage the
appropriate development and use of adjacent land and
buildings or unreasonably affect their value.
(e) Conditions of Variances. The Board, in acting on any
appeal in connection with a request for a variance, may
attach any conditions to its approval which it finds
necessary to accomplish the reasonable application of
the foregoing standards.
In exercising the above powers, the Board may reverse or
affirm, wholly or partly, or may modify, the order,
requirement, decision or determination appealed from,
and may make such order, requirement, decision or
determination as ought to be made, and to that end shall
have all the powers of the Building Official from whom
the appeal is taken.
(Ord. 101. Passed 2-20-70.)
1244.08 NOTICE OF HEARING.
The Board of Zoning Appeals, in conducting any public
hearing, shall fix a reasonable time for hearing and
appeal within thirty days of receipt of the notice of
appeal, and shall give due notice to the parties
concerned in accordance with Section 1242.08. The Board
shall decide the appeal within a reasonable period of
time, not to exceed thirty days. (Ord. 2006-03. Passed
11-13-06.)
1244.09 APPROVAL PERIOD.
No order of the Board of Zoning Appeals permitting the
erection or alteration of a building shall be valid for
a period longer than three months unless such use is
established within such period; provided, however, that
where such use permitted is dependent upon the erection
or alteration of a building, such order shall continue
in force and effect if a building permit for said
erection or alteration is obtained within such period,
and such erection or alteration is started and proceeds
to completion in accordance with such permit within
twelve months after the order of the Board. The Board
may, upon application, in writing, stating the reasons
therefor, extend either the three-month or twelve-month
period for an additional three-month period.
(Ord. 101. Passed 2-20-70.)
