There is hereby created a township board of zoning appeals. The board shall consist of five members appointed as provided by law.

(Ord. No. O-042682-1, § 23.01, 4-26-1982)

Alternate members of the board of zoning appeals are hereby authorized pursuant to the following conditions:

(1)

Pursuant to the Zoning Enabling Act, the township board shall appoint two alternate members to the board.

(2)

The township supervisor shall call one or both of the alternate members to serve on the board by such method or in such manner as the supervisor deems appropriate, in accordance with the Zoning Enabling Act.

(3)

Whenever a regular member is replaced by an alternate member, the regular member shall not be included for purposes of determining a quorum or majority of the members of the board, but the alternate member shall be included. Whenever an alternate member is called to serve because a regular member will abstain for reason of conflict of interest, the alternate member shall serve only to hear and decide the matter giving rise to the conflict of interest and shall not hear or decide any other matters before the board.

(4)

For service on the board for all or part of any regular or special meeting, an alternate member shall receive the same sum as is paid to regular members for attending a regular or special meeting of the board.

(Ord. No. O-042682-1, § 23.07, 4-26-1982)

The board of zoning appeals shall have the power and duties prescribed by law and by this chapter, including the power:

(1)

To decide any question involving the interpretation of this chapter.

(2)

To grant variances from the terms and provisions of this chapter, as provided in this chapter.

(3)

To hear and decide appeals of decisions made by the building inspector.

(Ord. No. O-042682-1, § 23.02, 4-26-1982)

(a)

The presence of three members shall constitute a quorum, but the concurring vote of a majority of the entire board shall be necessary to reverse any order, requirement, decision or to decide in favor of the applicant in any matter upon which it is required to pass under this chapter or to effect any variation in such chapter.

(b)

Applications or appeals shall be taken by filing with the building inspector and with the board of zoning appeals a notice of application or appeal specifying the grounds thereof. The building inspector shall transmit to the board all the papers constituting the record from which the application or appeal was taken.

(c)

When an application or appeal has been filed the board of zoning appeals shall place such application or appeal on the calendar for hearing and cause notices stating the time, place, date, and object of the hearing to be served. Such notices shall be served personally or by first class mail at least seven days prior to such hearing upon the applicant or appellant, and the owners of property of record within 300 feet of the premises in question; which notices, if by mail, shall be addressed to the respective property owners of record at the address given in the last assessment roll.

(d)

Upon the day for hearing any application or appeal, the board of zoning appeals may adjourn the hearing in order to obtain additional information or to cause further notice, to be served upon such other property owners as it decides may be interested in such application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing.

(e)

Upon the hearing, any party may be heard in person or by agent or attorney.

(f)

The board of zoning appeals may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination as, in its opinion, ought to be made on the premises and, to that end, shall have all the powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit.

(g)

Each appeal or application for variance shall be accompanied by a filing fee and escrow amount as specified in section 78-65 and in accordance with the fee schedule adopted by resolution of the township board.

(Ord. No. O-042682-1, § 23.03, 4-26-1982; Ord. No. O-072699-1, § 8, 7-26-1999)

In authorizing a variance or exception, the board of zoning appeals may, in addition to any conditions of approval permitted by any section in this chapter, attach such other conditions regarding the location, character, landscaping or other treatment reasonably necessary to further the intent and spirit of this chapter and to protect the public interest, including the authorization of such variance or exception for a limited period of time.

(Ord. No. O-042682-1, § 23.04, 4-26-1982)

Any variance or exception granted by the board of zoning appeals shall automatically become null and void after a period of 12 months from the date granted unless the applicant shall have taken substantial steps toward effecting the variance within such period; provided, however, that the board of zoning appeals may extend such period for a further period of time not exceeding one year upon application and without further notice.

(Ord. No. O-042682-1, § 23.05, 4-26-1982)

Where there are practical difficulties or unnecessary hardship in carrying out the strict letter of this chapter, the board of zoning appeals shall have the power to vary or modify any of the provisions hereof so that the spirit of the chapter shall be observed, public safety promoted, and substantial justice done. The board of zoning appeals may grant such variances only upon finding that all of the following conditions exist:

(1)

Where it is found that, by reason of the exceptional narrowness, shallowness or shape of a specific parcel of property, or by reason of exceptional topographic conditions or other extraordinary situation of the land or structure or of the use of property immediately adjoining the property in question, the literal enforcement of this chapter would involve practical difficulties or would cause undue hardship; provided that no variance shall be granted on a lot if the owner owns adjacent land which could, without undue hardship, be included as part of the lot in question avoiding the need for a variance.

(2)

Where it is found that there is practical difficulty or unnecessary hardship in carrying out the strict letter of this chapter and the chapter can be varied in such a way that the spirit of this chapter shall be observed, public safety secured, and substantial justice done.

(3)

Where it is found that the condition or situation of the specific piece of property or the intended use of such property for which the variance is sought is not so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation in this chapter for such condition or situation.

(Ord. No. O-042682-1, § 23.06, 4-26-1982)