CHARTER TOWNSHIP OF OXFORD

ZONING BOARD OF APPEALS

N O T I C E

A Special Meeting of the Charter Township of Oxford Zoning Board of Appeals will be held on Monday, November 19, 2018, at 7:00 p.m. in the evening, at the Oxford Township Office, 300 Dunlap Road, Oxford, MI  48371, to hold a public hearing with regard to and to consider the following request from the Applicant:

“This application seeks an interpretation of the Zoning Ordinance, and a decision on questions that arise in the administration of the Zoning Ordinance.  This is within the jurisdiction of the ZBA under Article 17, Section 17.6. No public hearing is set forth for this process in Article 17.

Article 2 of the zoning ordinance, at Section 2.2, sets forth definitions of certain terms used in Zoning Ordinance.

The definition of ‘Church’ reads as follows:

‘Church. A building  wherein  persons  assemble  regularly  for  religious  worship,  and  is  maintained and operated by an organized religious body, as well as those structures within a  religious  complex  that,  while  ancillary  to the  central  location  of  worship,  support  regular assembly for worship.   Churches include, but shall be not limited to, temples, synagogues and mosques’.

Article 2, Section 2.1, provides the basic rules of construction.

1. INTERPRETATION REQUEST

In connection with the definition of ‘church’ as outlined above, the applicant seeks guidance on the following from a zoning administration standpoint and from a zoning interpretation standpoint. This request is limited to the word ‘church’ and its application in the zoning ordinance and as defined in the Zoning Ordinance as set forth above.

The applicant has been advised by various Township representatives that the property use at issue is not a ‘church’ as defined in the Zoning Ordinance. This occurred at various meetings (some public) and other meetings at the Township offices.

1. What department, board, person or official determines whether a use, existing or proposed, is a church as defined in the Zoning Ordinance?
2. Does a use have to be a non-profit 50l(C)(3) entity for taxing exemption status to be a church as defined in the Zoning Ordinance?
3. What frequency of assembly is required by the phrase ‘assemble regularly’ for a church as defined in the Zoning Ordinance?
4. What department, board, person or official determines whether a ‘religious worship’ is consistent with the definition of a church in the Zoning Ordinance?
5. What information or status must be in place to be considered an ‘organized religious body’ as that phrase is used in the definition of a church in the Zoning Ordinance?
6. Is a religious wedding service a ‘religious worship’ under the definition of a church in the Zoning Ordinance?
7. Is a religious funeral service a ‘religious worship’ under the definition of a church in the Zoning Ordinance?
8. Is the gathering together for food and fellowship a ‘religious worship’ under the definition of a church in the Zoning Ordinance?
9. Is the gathering together for organized prayer a ‘religious worship’ under the definition of a church in the Zoning Ordinance?
10. Is the gathering together for organized bible study a ‘religious worship’ under the definition of a church in the Zoning Ordinance?”

The request for interpretation is in connection with the existing use of  the Oakwood Wedding Chapel on Parcel 1 which is zoned R-1(Single Family Residential) (located at 2750 N. Baldwin Road, Oxford, MI, Tax I.D. No. 04-07-101-019), and the proposed construction of a barn-like structure intended for the gathering of persons on a portion of Parcel 2 that is zoned R-1 (located at 2740 N. Baldwin Road, Oxford, MI, Tax I.D. No. 04-07-101-018).    However, the issue of whether the existing and proposed buildings and their use meet the definition of a “Church” under the Zoning Ordinance is not presently an issue before the ZBA.

The Charter Township of Oxford will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audiotapes of printed materials being considered at the meeting/hearing.  Individuals with disabilities requiring auxiliary aids or services shall contact the Charter Township of Oxford, by writing or calling, Curtis W. Wright, Township Clerk, (248) 628-9787, as soon as possible to allow the Township sufficient time to have available the aids and services.

Any comments may be heard at the above meeting or received at the Township Office in writing prior to the meeting.

James Butler, Chairperson

Zoning Board of Appeals

Charter Township of Oxford,

300 Dunlap Road, Oxford, MI  48371-0003

(248) 628-9787 x 110

cc: All Property Owners within 300 feet

Zoning Board of Appeals Members

Planning Commissioners

Township Board

File

OXFORD TOWNSHIP 10/31/2018

VILLAGE OF OXFORD 10/31/2018

OXFORD LEADER 10/31/2018