Michigan State University Extension offers zoning board of appeals training
Online, self-paced training courses are available for members of local government zoning boards of appeals (ZBA), local government managers and attorneys, and local government staff.
Michigan State University Extension is offering its ZBA Online Certificate Course which teaches government officials the latest concepts on ZBA roles and responsibilities, effective decision making and protecting due process.
For many smaller Michigan communities, the ZBA meets infrequently or perhaps annually. This, according to MSUE, is often the result of no new business being brought before the ZBA.
The Zoning Board of Appeals is the local government body with the responsibility and authority to hear appeals that arise in the administration of the local zoning ordinance. If a zoning setback prohibits a property owner from building on their lot, or a decision by the planning commission is in doubt, the ZBA can hear the request and decide if a different course of action is warranted.
“This is a critical function of a community's planning and zoning program to protect due process,” MSUE said.
For ZBAs that meet infrequently, there can be vacancies that prevent the ZBA from deciding a case, Michigan Open Meetings Act violations that call into question the legitimacy of the meeting, and new and established members alike that lack the knowledge and context to properly hear and decide a request.
“All too often, a ZBA that has not met for many months is suddenly scheduled to hear a request that is perhaps unlike anything they have considered for years,” MSUE said. “The ZBA might have little more than 15 days to get training and prepare for the meeting, based on minimum public hearing notice requirements.”
Objectives for ZBAs to strive toward, according to MSUE, include:
Uphold private property rights.
Protect due process for appellants and neighboring property owners alike.
Help landowners understand the purpose of land use regulation in protecting public health, safety and welfare.
Help implement the community master plan by protecting the integrity of the zoning ordinance.
Strengthen the role of the zoning ordinance in community and economic development.
Build civic support for good governance in the community.
Protect against lawsuits, among other outcomes.
The ZBA Online Certificate Course curriculum features ZBA-specific content, activities, case studies and the latest Michigan case law, MSUE said. The course consists of six separate modules:
Understanding Basic ZBA Roles and Responsibilities.
Effective Decisions and Ordinance Interpretations.
Hearing Appeals of Administrative Decisions.
Issuing Variances from Ordinance Standards.
Other Responsibilities Assigned to the ZBA: Nonconformities.
Circuit Court Review and Standards.
Within each module are video lectures and supplemental readings plus comprehension checks to assess knowledge retention. Upon completion of the course, participants will earn an MSUE certificate of completion.
“Acting properly, a community’s Zoning Board of Appeals protects the interests of all parties and upholds due process, but when poorly trained, the board can be a serious legal risk to the community,” MSUE said.
To learn more about the ZBA Online Certificate Course or to register for the training, visit the Community page on the MSUE's website at www.canr.msu.edu/outreach.
This article originally appeared on The Daily Telegram: Michigan State University Extension zoning board of appeals training
