Zoning Administrator decision
I’m the Zoning Administrator for our Township. This is from our zoning ordinance: 3. Open Storage The open storage of any industrial equipment, vehicles, and all materials, including wastes, shall be screened from public view, from a public street and from adjoining properties by an enclosure consisting of a wall not less than the height of the equipment, vehicles, and materials stored. Whenever such open storage is adjacent to a residential zone in either a front, side, or rear lot line relationship, whether immediately abutting or across a right-of-way from such zone, there shall be provided an obscuring masonry wall or wood fence of at least six feet in height. We recently passed a Conditional Zoning for a resident of the Township and he doesn’t feel this should apply to him even though he is storing material and industrial equipment outside. I’ve maintained he needs a fence all around the property as he is in the middle of a residential district. This issue has been in the hands of the Attorneys. Now the attorney for the resident is coming to our next Township meeting to discuss the issue. (A little background, our Township Supervisor doesn’t agree with me.) My question is: Can a township board overrule the decisions of the Zoning Administrator?
No, The township board cannot overrule the decisions of the zoning administrator. That role is reserved for the township Zoning Board of Appeals. If the landowner is not satisfied with the zba ruling, the next option is to file suit in circuit court. Section 603 (1) of the Michigan Zoning Enabling Act (MCL 125.3603) states "The zoning board of appeals shall hear and decide questions that arise in the administration of the zoning ordinance.."