Planning and Zoning

The following rules of procedure are hereby adopted by the Village of Honor Planning Commission to facilitate the performance of its duties as outlined in the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq. Anything not covered in these By-Laws are covered in under the Village of Honor Ordinance #41.

SECTION 1: Membership – Members of the five (5) member Planning Commission are appointed by the Village Council.

1. Each Member should represent and advocate what is best for the Village of Honor as a whole, putting aside personal or special interests.
2. To the best of the Council’s ability, each Member should represent a separate important segment of the community, as appointed by the Village Council. Example segments include:
   1. One (1) Citizen member representing environmental, agriculture, forestry and other land use interests,
   2. One (1) representing governmental municipal interests,
   3. One (1) representing education interests (Board of Education Member),
   4. One (1) representing recreation and tourist interests,
   5. One (1) representing commercial, industrial and other economic interests,
   6. One (1) representing health, housing, and human services, and
   7. One (1) representing transportation and communication interests.
3. At least one (1) but no more than two (2) members of the Planning Commission must be members of the Village Council.
4. No more than two (2) members of the Planning Commission may reside outside of the Village limits. The remainder of the members must be residents of the Village of Honor.

SECTION 2: Officers

1. Selection and Tenure – At the first regular meeting of each calendar year, the Planning Commission must elect a Chairperson, Vice-Chairperson, and Secretary. All officers must serve a term of one year, or until their successors are selected and assume office, except as noted in C, below. All officers are eligible for re-election for consecutive terms for the same office.
2. Chairperson –
   1. Preside at all meetings with all powers under parliamentary procedure.
   2. Rule out of order any irrelevant remarks, remarks which are personal, including but not limited to: another’s race, religion, sex, physical condition, ethnic background, beliefs, or similar topics; profanity or other remarks which are not about the topic before the Commission.
   3. Restate all motions including maker and second.
   4. Appoint committees.
   5. Call special meetings.
   6. Act as an Ex-Officio member of all committees.
   7. Appoint an Acting-Secretary if the Secretary is absent from a meeting.
   8. Review with the Secretary items to be placed on the agenda.
   9. Participate in the hiring process of staff and perform an annual review of any staff so hired by the Village Council.
   10. Represent the Planning Commission and Planning Department (if any) at Council meetings or other local governmental unit meetings.
3. Vice Chairperson –
   1. Act in the capacity of the Chair, with all the powers and duties of the Chair.
   2. Perform other such duties as appointed by the Chair.
4. Secretary –
   1. Execute documents in the name of the Commission.
   2. Be responsible for the minutes of each meeting if there is not a recording secretary.
   3. Review the draft minutes, present to the Planning Commission and sign after approved as submitted, as amended or as corrected.
   4. Receive all communications, petitions, and reports to be addressed by the Commission as passed on by the Village Council.
   5. Keep attendance and report attendance records annually to the Planning Commission.
   6. Provide notice to the public and members of all meetings and special meetings, pursuant to the Open Meetings Act (PA 267 of 1976 as amended, MCL 15.261 et seq) if not performed by the Village Clerk.
   7. Prepare the agenda in conjunction with the Chairperson.
   8. Perform such other duties as may be ordered by the Chairperson.
   9. In the event that the Chair becomes vacant, the Vice-Chair will succeed to this position for the remaining of the term, and a special election must be held to elect a Vice Chair.
5. Recording Secretary –
   1. If a Recording Secretary is provided by the Village Council, the Recording Secretary will: take notes at each meeting of the Planning Commission, present a draft of the minutes to the Secretary for review and presentation to the Planning Commission, and perform such other duties as ordered by the Chair.

SECTION 3: Meetings

1. Regular Meetings – The Planning Commission meeting schedule will be set the first meeting of the year. If there is no business, the meeting may be cancelled, but the Commission must hold a minimum of four (4) meetings annually. When the regular meeting falls on a holiday, the Planning Schedule may reschedule the meeting for a suitable day in the same month.
2. Special Meetings – Special meetings may be called by the Chair, or by any two members of the Commission. Notice of special meetings must be given to the members by the Secretary or Chair at least eighteen (18) hours prior to such meeting and notice of the meeting including date, time, location and reason for the meeting must be posted as done by the Village Council. Public hearings must be scheduled and noticed as directed in the Open Meetings Act (PA 267 of 1976 as amended, MCL 15.261 et seq).
3. Notice – Notice required for specific requests or actions will be given in accordance with the Michigan Planning Enabling Act or other applicable statute.
4. Agenda—With the assistance of the chairperson, the Zoning Administrator is responsible for preparing the agenda. The agenda may be modified by action of the Planning Commission

 

1. Quorum—Three (3) members (2 of whom are residents) of the Planning Commission constitute a quorum for transacting business and taking official action for all matters. The Planning Commission must not conduct business unless a majority of the regular members is present
2. Parliamentary Procedure – Parliamentary Procedure is governed by Robert’s Rules of Order Newly Revised, (10th Edition).

 

1. Motions – Motions must be restated by the Chair before a vote is taken. All actions taken in an administrative capacity, including but not limited to: special uses, subdivisions, planned unit developments and condominium developments with site plan review, review and submission on another municipality’s proposed plan, review and submission on a capital improvement, review of township zoning, must include:
   1. A finding of fact, listing what the Commission determines to be relevant facts in the case in order to eliminate misleading statements, hearsay, irrelevant and untrue statements.
   2. Conclusions, listing reasons based on the facts for the Commission’s action directly related or not to a finding of compliance or noncompliance to Zoning Ordinance Standards.
   3. Action on the review must take the form of a motion which contains a recommendation to the Village Council which contains a finding of fact, conclusion (list of reasons for action taken), and vote on the motion.
2. Voting – Voting is by voice, unless a roll call is requested by a Planning Commissioner and must be recorded as carried or failed. Roll Call Votes must be recorded as Aye or Nay or Abstaining. The affirmative vote of a majority of those present must be necessary for the adoption of motions. Voting is necessary for the adoption or recommendation for adoption of any plan, amendment to a plan, the zoning ordinance, or zoning map. Except in the case of a conflict of interest, all Planning Commission members, including the chairperson, are required to vote on all matters.
3. Public Participation – All regular and special meetings of the Planning Commission are required to be open to the public. Public comment will be heard near the beginning of the agenda for items on the agenda and again near the end of the agenda for any issues under the Planning Commission jurisdiction. Speakers are limited to 3 minutes that may be extended at the discretion of the chairperson.
4. Recess – The Chair or Planning Commission, after the meeting has been in session for two (2) hours (not including site inspections), must suspend the Commission’s business and evaluate the remaining items on its agenda, and may decide to continue the meeting until all business items are completed, or may decide to complete some of the business items and move the other items to another day and time, or may decide to move all the unfinished business to another day and time. If applicable, such action must include the time, day, month, date, year and location the Commission will reconvene. If more than 18 hours will pass before the reconvened Commission, public notice is required to be given to comply with P.A. 267 of 1976 as amended, (being the Open Meetings Act, PA 267 of 1976 as amended (MCL 15.261 et seq).

Upon reconvening, a roll call of attendance is required to be the first item of business before proceeding with the same agenda. The commission is required to resume with the same meeting agenda, proceeding at the same point where they left off and without the addition of additional business.

1. Meeting Minutes – Meeting minutes must comply with the Open Meetings Act and include a summary of the meeting with the following information:

 

1. Copy of the Meeting Posting (Agenda);
2. Time and place the meeting was called to order;
3. Attendance;
4. Indication of others present (from the sign-in sheet) if everyone does not sign in a statement of other guests present;
5. Summary or texts of all reports noting who gave the report and in what capacity (attach written reports if available);
6. Full text of motions, who made the motion, who seconded (if seconded) and a summary of the discussion;
7. Summary of all public input including the name of each speaker;
8. Summary of each item of discussion.

For public hearings on special land uses, subdivisions, condominiums. or other developments, the minutes should also include:

1. The location of the project;
2. Exhibits presented;
3. What evidence was considered (summary of Planning Commission discussion);
4. The Findings of Fact;
5. Reasons/Conclusions for the decision made;
6. If a denial, each reason should refer to a section of an ordinance which would be violated or with which not complied;
7. All changes to a map, site plan, survey or other document presented as part of the development. All such changes are to be recorded on the actual map, site plan, survey or other document in such manner that the changes are easily discernable;
8. The motion, the maker, the second and whether the motion was approved or denied;
9. Summary of the public input relating to the project;
10. Summary of Planning Commission discussion relating to the project;
11. All correspondence is to be read into the record and attached to the minutes;
12. The start and end time of any recess;
13. A copy of all documents presented should be attached to the minutes.
14. Public Records—All meetings, minutes, records, documents, correspondence and other materials of the Planning Commission are to be open to public inspection in accordance with the Freedom of Information Act, except as may otherwise be provided by law.

SECTION 4: Order of Business/Agenda

1. Typically, the agenda will include (but not be limited to):
   1. Call to order and Roll Call
   2. Pledge of Allegiance
   3. Approval/Correction of the Minutes
   4. Approval/Correction of Agenda
   5. Public Input
   6. Reports
      1. Village Council
      2. Zoning Administrator
   7. Old Business
   8. New Business
   9. Correspondence
   10. Public Input – items/issues under the Planning Commission Jurisdiction
   11. Adjournment

SECTION 5: Duties and Responsibilities

The Planning Commission is required to perform the following duties:

125. Zoning Responsibilities – All powers of the Zoning Commission have been transferred to this Commission, pursuant to MCL 125.3301 of the Zoning Act. The Commission is required to review and act on all proposed zoning ordinances, zoning ordinance amendments pursuant to the Zoning Act.

At least one public hearing is required to be held on a new zoning ordinance or zoning ordinance amendment(s) with notice given as specified in the zoning ordinance and the Zoning Act. After the public hearing, action will be in the form of a recommendation to the legislative body.

The recommendation must include, at a minimum: the zoning plan for the areas subject to zoning; the establishment or modification of zoning districts, including the boundaries of those districts; the text of a zoning ordinance or amendment with the necessary maps and zoning regulations to be adopted for a zoning district or the zoning jurisdiction as a whole, and the manner of administering and enforcing the zoning ordinance.

1. Capital Improvement Program – A Capital Improvement Plan must be developed annually by the Planning Commission in conjunction with the Village Council and related Departments.
2. Ex Partee Contact – Members must avoid Ex Partee contact about cases where an administrative decision is before the Commission whenever possible. If it is not possible to avoid the Ex Partee contact the member must take detailed notes on what was said and report to the Planning Commission at the next meeting or the public hearing what was said, so that every member and other interested parties are made aware of what was said.
3. Voting – No member of the Planning Commission can vote on the same issue twice.
4. Gifts – Gifts of any type (cash, tangible item, or service) are not to be accepted by individual members of the Planning Commission. Holiday gifts of candy, fruit or flowers may be presented to the Planning Commission as a whole to be shared by all members and the public.
5. Spokesman for the Planning Commission – Free and open debate should take place only at Planning Commission meetings. Once a vote is taken, all members are required to represent the position reflected by the outcome of the vote. Minority reports may take place only at an open meeting of the Planning Commission. Requests by the media for comment or information must be referred to the Village President for action.
6. Intergovernmental Cooperation – The Planning Commission should cooperate with other local unites of government relating to planning and zoning activities whenever possible. The Planning Commission must review all adjacent, or contiguous unit of government plans. The review should focus on: border issues; issues of greater then local concern; comparison with local plan contents; comparison with county/regional plans (if any); comparison to other relevant adopted plans such as an historic preservation plan, local wetland protection, TIF or Brownfield redevelopment plan, etc., consultants and determination of basis for compensation.
7. Other Matters to be Considered by the Planning Commission –
   1. Annually adopt a Plan of Work (determined at the last Planning Commission meeting of the previous year) to be presented to the Village Council at the first regularly scheduled Council Meeting of the calendar year.
   2. Prepare an Annual Report of the Planning Commission to be presented to the Village Council at the first regularly scheduled Council Meeting of the calendar year.

SECTION 6: Attendance, Absences, Removals, Resignations, and Vacancies

1. Attendance – Each member will make every effort to attend all Planning Commission meetings. To be excused, Planning Commission members will notify the Zoning Administrator or Planning Commission chairperson when they intend to be absent from a meeting. Failure to make this notification prior to a meeting will result in an unexcused absence.
2. Delinquency – If any member of the Planning Commission has three (3) consecutive unexcused absences from regularly scheduled meetings or five (5) excused absences annually from regularly scheduled meetings, then that member is delinquent. The Planning Commission Recording Secretary must keep attendance records and must notify the Village Council whenever any member of the Commission is delinquent so the Village Council can consider further action allowed under law or excuse the absences.
3. Removal – Members of the Planning Commission may be removed by the Village Council for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. Attendance delinquency is considered an act of nonfeasance.
4. Resignation – A member may resign from the Planning Commission by sending a letter of resignation to the Village Council and the Planning Commission chairperson.
5. Succession – A successor will be appointed not more than 1 month after the term of the preceding member has expired. Successors will serve out the unexpired term of the member being replaced, with the exception of the Village Council representative, whose term must run consecutively with the term as council member.

Section 7: Conflict of Interest

1. Before casting a vote on a matter on which a Planning Commission member may reasonably be considered to have a conflict of interest, the member is required to disclose the potential conflict of interest to the Planning Commission. Failure of a member to disqualify him or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office.
2. A Planning Commission member must declare a conflict of interest and abstain from participating in Planning Commission deliberations and voting on a request, when:
   1. An immediate family member is involved in any request for which the Planning Commission is asked to make a decision. “Immediate family member” is defined as the Planning Commission member’s spouse, the member and member’s spouse’s children (including adopted) and their spouses, stepchildren and their spouses, grandchildren and their spouses, parents and step-parents, brothers and sisters and their spouses, grandparents, parents in-law, grandparents in-law, or any person residing in the Planning Commission member’s household.
   2. The Planning Commission member has a business or financial interest in the property involved in the request or has a business or financial interest in the applicant’s company, agency, or association.
   3. The Planning Commission member owns or has a financial interest in neighboring property. For purposes of this section, a neighboring property includes any property falling within the notification radius for the application or proposed development, as required by the zoning ordinance or other applicable ordinance.
   4. There is a reasonable appearance of a conflict of interest, as determined by the Planning Commission member declaring such conflict.
   5. The Planning Commission member is also a member of the planning commission or the village council and voted on the same matter as a member of the planning commission or village council. However, the member may consider and vote on other unrelated matters involving the same property.
3. The Planning Commission member declaring a conflict of interest should state the nature of the conflict and whether he or she believes he or she could impartially consider the request before the Planning Commission. He or she should individually decide to abstain from any discussion or votes relative to the matter that is the subject of the conflict. The member declaring a conflict may absent him/herself from the room in which the discussion takes place, unless doing so would violate his or her constitutionally protected rights to participate. He or she should not make any presentations to the Planning Commission as a representative of the proposal.

SECTION 8: Amendments

These bylaws may be amended at any meeting by a vote of a majority of the membership of the Planning Commission.

Adopted by the Honor Village Planning Commission at a regular meeting February 6, 2023 and Village Council February 13, 2023.

 

 

Honor Village Zoning Board of Appeals Bylaws

The following rules of procedure are hereby adopted by the Village of Honor Zoning Board of Appeals to facilitate the performance of its duties as outlined in the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101, et seq.

SECTION 1: Officers

1. Selection and Tenure— At the first regular meeting of each calendar year, the Zoning Board of Appeals shall select from its membership a chairperson and secretary. All officers shall serve a term of one year, or until their successors are selected and assume office, except as noted in C, below. All officers shall be eligible for re-election for consecutive terms for the same office.
2. Chairperson—The chairperson shall preside at all meetings, appoint committees, and perform such other duties as ordered by the Zoning Board of Appeals or Village Council. An alternate member shall not serve as chairperson.
3. Vice Chairperson—The vice chairperson shall act in the capacity of the chairperson in his/her absence. In the event the office of chairperson becomes vacant, the vice chairperson shall succeed to this office for the unexpired term and the Zoning Board of Appeals shall select a successor to the office of vice chairperson for the unexpired term.
4. Secretary—The secretary shall execute documents in the name of the Zoning Board of Appeals and shall perform such other duties as the Zoning Board of Appeals may determine.
   1. Minutes—The secretary shall be responsible for a permanent record of the minutes of each meeting and shall have them recorded in suitable permanent records retained by the Village Clerk. The minutes shall contain a brief synopsis of the meeting, including a complete restatement of all motions and record of votes, conditions or recommendations made on any action, and record of attendance.
   2. Correspondence—The secretary shall be responsible for issuing formal written correspondence with other groups or persons, as directed by the Zoning Board of Appeals. All communications, petitions, reports or other written materials received by the secretary shall be brought to the attention of the Zoning Board of Appeals.
   3. Attendance—The secretary shall be responsible for maintaining an attendance record for each Zoning Board of Appeals member and report those records annually to the Zoning Board of Appeals.
   4. Notices—The secretary shall issue such notices as may be required by the Zoning Board of Appeals.
5. Recording Secretary—If a recording secretary is provided by the Village Council, the recording secretary shall: take notes at each meeting of the Zoning Board of Appeals and shall present a draft of the minutes to the secretary for review and presentation to the Zoning Board of Appeals, and preform such other duties as ordered by the chairperson.

SECTION 3: Meetings

The business the Zoning Board of Appeals may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act. The Zoning Board of Appeals may establish reasonable rules and regulations in order to minimize the possibility of disrupting the meeting.

1. Regular Meetings—The Zoning Board of Appeals may schedule regular meetings each year and by resolution shall determine the time and place of such meetings. Other meetings may be held as necessary. When a regular meeting falls on a legal holiday or upon a day resulting in a conflict, the Zoning Board of Appeals shall, if possible, select a suitable alternate meeting date in the same month as the originally scheduled meeting. Notice of regular Zoning Board of Appeals meetings shall be posted at the principal Village office within 10 days after the Zoning Board of Appeals’ first meeting in each fiscal year in accordance with the Open Meetings Act.

1. Special Meetings—Special meetings may be called by the chairperson or upon written request to the secretary by at least two members of the Zoning Board of Appeals. Notice of special meetings shall be given to the members of the Zoning Board of Appeals at least 48 hours prior to the meeting. Such notice shall state the purpose, time and location of the special meeting and shall be posted in accordance with the Open Meetings Act.

1. Notice—Notice required for specific requests or actions will be given in accordance with the Michigan Zoning Enabling Act or other applicable statute.
2. Public Hearings—All public hearings held by the Zoning Board of Appeals must be held as part of a regular or special meeting of the Zoning Board of Appeals.
3. Agenda—The chairperson shall be responsible for preparing an agenda for Zoning Board of Appeals meetings. The agenda may be modified by action of the Zoning Board of Appeals.
4. Quorum—A majority of the regular members of the Zoning Board of Appeals shall constitute a quorum for transacting business and taking official action for all matters. The Zoning Board of Appeals shall not conduct business unless a majority of the regular members is present.
5. Voting—To pass or deny any dimensional variance, appeal or other official action required by the zoning ordinance, an affirmative vote of at least a majority (3 members) of the total membership of the Zoning Board of Appeals is required. Voting shall be by voice vote; a roll call vote shall be required if requested by any Zoning Board of Appeals member or directed by the chairperson. Except in the case of a conflict of interest, all Zoning Board of Appeals members, including the chairperson, shall vote on all matters.
6. Public Records—All meetings, minutes, records, documents, correspondence and other materials of the Zoning Board of Appeals shall be open to public inspection in accordance with the Freedom of Information Act, except as may otherwise be provided by law.

SECTION 4: Duties of the Zoning Board of Appeals

The Zoning Board of Appeals shall perform the following duties:

1. Act on applications for dimensional variances, use variances, appeals, interpretations, or other matters as authorized or required by the zoning ordinance and the Michigan Zoning Enabling Act.
2. Perform other duties and responsibilities as requested by the Village Council or as may be specified in the zoning ordinance.
3. Conduct site visits as deemed necessary to evaluate an application and supporting material. Site visits shall be conducted individually.

SECTION 5: Absences, Removals, Resignations, Vacancies and Alternates

1. To be excused, Zoning Board of Appeals members shall notify the Zoning Board of Appeals chairperson or other Zoning Board of Appeals member when they intend to be absent from a meeting. Failure to make this notification prior to a meeting shall result in an unexcused absence.
2. If any member of the Zoning Board of Appeals has three (3) consecutive unexcused absences from regularly scheduled meetings or five (5) excused absences from regularly scheduled meetings, then that member shall be delinquent.
3. Members of the Zoning Board of Appeals may be removed by the Village Council for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. Attendance delinquency is considered an act of nonfeasance.
4. A member may resign from the Zoning Board of Appeals by sending a letter of resignation to the Village Council.
5. A successor shall be appointed not more than 1 month after the term of the preceding member has expired. Successors shall serve out the unexpired term of the member being replaced, with the exception of the planning commission representative, whose term shall run consecutively with the term as planning commissioner.
6. The Village Council may appoint not more than two alternates to the Zoning Board of Appeals. An alternate member may be called to serve as a member of the Zoning Board of Appeals as provided in the zoning ordinance and the Michigan Zoning Enabling Act.

SECTION 6: Conflict of Interest

1. Before casting a vote on a matter on which a Zoning Board of Appeals member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the Zoning Board of Appeals. Failure of a member to disqualify him or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office.
2. Conflict of interest is defined as, and a Zoning Board of Appeals member shall declare a conflict of interest and abstain from participating in Zoning Board of Appeals deliberations and voting on a request, when:
   1. An immediate family member is involved in any request for which the Zoning Board of Appeals is asked to make a decision. “Immediate family member” is defined as the Zoning Board of Appeals member’s spouse, the member and member’s spouse’s children (including adopted) and their spouses, stepchildren and their spouses, grandchildren and their spouses, parents and step-parents, brothers and sisters and their spouses, grandparents, parents in-law, grandparents in-law, or any person residing in the Zoning Board of Appeals member’s household.
   2. The Zoning Board of Appeals member has a business or financial interest in the property involved in the request or has a business or financial interest in the applicant’s company, agency, or association.
   3. The Zoning Board of Appeals member owns or has a financial interest in neighboring property. For purposes of this section, a neighboring property shall include any property falling within the notification radius for the application or proposed development, as required by the zoning ordinance or other applicable ordinance.
   4. There is a reasonable appearance of a conflict of interest, as determined by the Zoning Board of Appeals member declaring such conflict.
   5. The Zoning Board of Appeals member is also a member of the planning commission or the Village Council and voted on the same matter as a member of the planning commission or Village Council. However, the member may consider and vote on other unrelated matters involving the same property.
3. The Zoning Board of Appeals member declaring a conflict of interest should state the nature of the conflict and whether he or she believes he or she could impartially consider the request before the Zoning Board of Appeals. He or she should individually decide to abstain from any discussion or votes relative to the matter that is the subject of the conflict. The member declaring a conflict may absent him/herself from the room in which the discussion takes place, unless doing so would violate his or her constitutionally protected rights to participate. He or she should not make any presentations to the Zoning Board of Appeals as a representative of the proposal.

SECTION 7: Amendments

These bylaws may be amended at any meeting by a vote of a majority of the membership of the Zoning Board of Appeals.

Adopted by the Honor Village Zoning Board of Appeals on February 13, 2023 and by Village Council on February 13, 2023.