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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6268

January 24, 1985

INCOMPATIBILITY:

Member of a township zoning board of appeals and member of a township planning commission

The office of member of a township zoning board of appeals and the office of member of a township planning commission may be simultaneously occupied by the same person in a township where the planning commission has been assigned the responsibilities vested in a township zoning board under 1943 PA 184 and 1959 PA 168.

Honorable Richard Fitzpatrick

State Representative

The Capitol

Lansing, Michigan 48909

You have requested my opinion on the following question:

Is simultaneous membership on a township zoning board of appeals and its planning commission incompatible or in conflict?

As background to the issue you have raised, you state that the Emmet Township Clerk has advised that the township does not have a zoning board, but that it does have a zoning board of appeals and a planning commission.

Zoning within a township is permitted by the Township Rural Zoning Act, 1943 PA 184, as amended; MCLA 125.271 et seq; MSA 5.2963(1) et seq. A zoning board is provided for in 1943 PA 184, supra, Sec. 4:

'In a township in which this act becomes operative, there shall be a permanent township zoning board composed of 4 members.'

Under 1959 PA 168, as amended; MCLA 125.321 et seq; MSA 5.2963(101) et seq, Sec. 11, which provides for township planning commissions, planning commissions may be substituted for zoning boards, with one member of the zoning board of appeals to be a member of the planning commission pursuant to section 11(1):

'The township board, by resolution, may transfer to the planning commission all powers and duties provided by Act No. 184 of the Public Acts of 1943, as amended, being sections 125.271 to 125.301 of the Michigan Compiled Laws, for zoning boards created under that act. . . . In a township where the powers and duties of the zoning board have been transferred to the planning commission, the first member of the board of appeals shall be a member of the township planning commission.'

Similarly, under 1943 PA 184, supra, Sec. 18, the membership of the township zoning board of appeals shall include a member of the planning commission:

'(1) In each township in which the township board exercises the authority conferred by this act, it shall appoint a township board of appeals. . . . In a township where the powers, duties, and responsibilities of the zoning board have been transferred to the planning commission pursuant to section 11 of Act No. 168 of the Public Acts of 1959, as amended, being section 125.331 of the Michigan Compiled Laws, the first member of the board of appeals shall be a member of the township planning commission.'

Thus, one member of the township planning commission is required by law to be a member of the township zoning board of appeals where the planning commission has been assigned the responsibilities otherwise vested in the township zoning board under 1943 PA 184, supra, and 1959 PA 168, supra.

It is my opinion, therefore, that the office of member of a township zoning board of appeals and the office of member of a township planning commission may be simultaneously occupied by the same person in a township where the planning commission has been assigned the responsibilities vested in a township zoning board under 1943 PA 184, supra, and 1959 PA 168, supra.

Frank J. Kelley

Attorney General

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