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Orion Township


PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORD. 78, ZONING ORDINANCE ARTICLE XXIX ADMINISTRATIVE ORGANIZATION



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July 27, 2011 - NOTICE

CHARTER TOWNSHIP OF ORION

PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORD. 78, ZONING ORDINANCE ARTICLE XXIX ADMINISTRATIVE ORGANIZATION

The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, August 15, 2011, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an ordinance amending the Zoning Ordinance No. 78, Article XXIX, for the Charter Township of Orion, Michigan; to repeal Article XXIX, Sections 29.02, Subsections A, C and D, Township Planning Commission and Section 29.03, Subsections A, C and D, Zoning Board of Appeals; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.

THE CHARTER TOWNSHIP OF ORION ORDAINS:

SECTION 1 of Ordinance

Pursuant to the provisions of the Michigan Zoning Enabling Act, pursuant to all applicable provisions of law, Article XXIX is amended by adding the herein after language in the Article as follows:

Section 29.02 Township Planning Commission

A. Creation This section repealed on 7/5/2011 by Ordinance 117..

The Township Planning Commission, as established under the provisions of Michigan Public Act 168 of 1959, as amended, is the Planning Commission referred to in this Ordinance. The Township Planning Commission is hereby designated as the zoning board specified in Michigan Public Act 184 of 1943, as amended, and shall perform the duties of said board as provided in the statute.

B. Membership This section repealed on 12/16/96 by Ordinance 117,. Section 12.

C. Payment of Members This section repealed on 7/5/2011 by Ordinance 117.

Members of the Planning Commission may be compensated for their services as provided by the Township Board.

D. Meetings and Rules This section repealed on 7/5/2011 by Ordinance 117.

The Planning Commission shall, by resolution, determine the time and place of its regular meetings. A special meeting may be called by two (2) members, upon written request to the secretary or by the Chairman. The Planning Commission shall adopt rules or bylaws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations.

* * *

Section 29.03 Zoning Board of Appeals

A. Creation This section repealed on 7/5/2011 by Ordinance 117.

A Zoning Board of Appeals is hereby established, having powers and duties in accordance with Michigan Public Act 184 of 1943, as amended. Hereinafter, the terms "Board" and "ZBA" shall mean the Zoning Board of Appeals.

B. Membership This section repealed on 12/16/96 by Ordinance 117, Section 12.

C. Payment of Members This section repealed on 7/5/2011 by Ordinance 117.

Members of the ZBA may be compensated for their services as provided by the Township Board.

D. Meetings and Rules This section repealed on 7/5/2011 by Ordinance 117.

1. The ZBA shall meet monthly, provided there is business to be transacted. The ZBA shall also meet on call of the Chairman, provided at least forty-eight (48) hours notice is given.

2. The ZBA may meet upon the request of a petitioner at a time other than the regular scheduled monthly meeting, provided the petitioner has paid an extra fee to cover the costs of such extra meeting.

3. The ZBA shall not conduct business unless a majority of its members is present.

4. All meetings and hearings conducted by the ZBA shall be open to the public. Minutes of its hearings and meetings shall be kept and filed in the office of the Township Clerk. Such minutes shall show the vote of each member on each item of business or indicate the member's absence or failure to vote.

5. The ZBA shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony, and require the production of books, papers, files, and other such evidence pertinent to the matters before it.

6. Every decision of the ZBA shall be based upon findings of fact. Each and every such finding shall be supported in the record of the proceedings of the ZBA.

7. The ZBA shall adopt rules or bylaws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations.

* * *

SECTION 2 of Ordinance

Section 2 Repeal

All other ordinances or parts of ordinances which are inconsistent or in conflict herewith are hereby repealed to the extent of such inconsistency or conflict.

SECTION 3 of Ordinance

Section 3 Severability

The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.

SECTION 4 of Ordinance

Section 4 Effective Date

This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion, qualified under State law to publish legal notices, and shall become effective upon publication, as provided by law.

SECTION 5 of Ordinance

Section 5 Adoption

This Ordinance is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Orion at a meeting thereof duly called and held on the 15th day of August, 2011, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.

Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.

Penny S. Shults, Clerk

Charter Township of Orion

Publish: 07.27.11

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