A board of appeals is hereby established which shall consist of five (5) regular members to be appointed by the township board in accordance with Public Act 110 of 2006 (MCL 125.3101—125.3702) as amended. The members shall be representative of the population distribution and of the various interests present in the township. Members of the board of appeals may be removed from office by the township board for nonperformance of duty or misconduct in office upon written charges and after public hearing. Membership on the board of appeals shall be as follows: The first regular member shall be a member of the township planning commission. The other four (4) regular members shall be selected from electors residing in the unincorporated portion of the township and not currently holding an elected or appointed position within the township. One (1) member of the board of appeals may be a member of the township board. Terms shall be for three (3) years, except that the terms of planning commission and township board representatives shall be limited to the time they are members of their respective boards. The township board may appoint two (2) alternate members for the same term as the regular members to the board of appeals. The alternate members may be called upon to serve on the board in the absence of a regular member if the regular member is to be absent for a period of two (2) or more consecutive meetings or will be unable to attend meetings of the board for a period of more than thirty (30) consecutive days. An alternate member may be called upon to serve as a regular member for purpose of reaching a decision in a particular case when the regular member must abstain due to a conflict of interest. The alternate member will serve as a regular member until the disposition of the particular case. The alternate member shall have the same voting rights as a regular member during the time of service.

(Ord. No. 09-01, § 4, 2-17-2009)

The board of appeals shall adopt rules necessary to conduct its affairs and in keeping with the provisions of this ordinance. Meeting shall be held at the township hall at the call of the chairperson and at such other times as the board of appeals may determine. The chairperson, or in his or her absence the acting chairperson, may administer the oaths and compel the attendance of witnesses. All meetings shall be open to the public. The board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Addison Township Clerk.

The powers and duties of the board of appeals are to interpret the provisions of the Addison Township Zoning Ordinance and map boundaries and, in addition, in specific cases where there is practical difficulty in complying strictly with the provisions of this ordinance, may vary such conditions in harmony with the purpose and intent of this ordinance so that the public health, safety and general welfare may be maintained and substantial justice done.

(Ord. No. 09-01, § 5, 2-17-2009)

A fee shall be paid to the Addison Township Treasurer at the time of the first filing of a notice of appeal from a ruling by the building inspector. This fee will become a part of the township general fund to cover the costs of the appeal. Said fees shall be set by the Addison Township Board.

Applicants appealing to the township board of appeals shall be notified by first class mail of the time and place set for hearing.

The board of appeals shall hear and decide appeals regarding matters within the province of the board of appeals appellate jurisdiction pursuant to MCL 125.3101—125.3702 and/or where it is alleged there is an error in an order, requirement, decision or determination made by the building inspector, administrative official, board or commission charged with the enforcement of this ordinance or that a literal enforcement of provisions of this ordinance would result in practical difficulty. Rezoning, special use, and planned unit development applications are not heard by the board of appeals.

(Ord. No. 09-01, § 6, 2-17-2009)

Appeals to the board of appeals concerning interpretation of or administration of this ordinance may be taken by any person aggrieved by an office or bureau of the governing body of the township, building inspector or planning commission. Such appeal shall be made within a reasonable time not to exceed sixty (60) days by filing with the building inspector and the board of appeals a notice to appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board of appeals all papers constituting the record upon which the action appealed from was taken. An appeal form shall be provided by the township.

(Ord. No. 09-01, § 7, 2-17-2009)

The board of appeals shall fix a reasonable time for a public hearing not to exceed forty-five (45) days from the filing of a complete notice of appeal, and give notice thereof to the parties and decide the same within a reasonable time. At the hearing, any party may appear in person, or by agent, or by attorney. Public hearing notifications shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006, including public notice not less than fifteen (15) days before the hearing.

(Ord. No. 09-01, § 8, 2-17-2009)

An appeal shall stay all proceedings in the furtherance of the action appealed from, unless the building inspector from whom the appeal is taken certifies to the board of appeals after notice of appeal is filed with him or her that by reason of the facts stated in the certificate, a stay, in his or her opinion, would cause imminent peril of life and property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the board of appeals or by the circuit court, on application, on notice to the building inspector from whom the appeal was taken and on due cause shown.

The board of appeals may upon appeal of a specific case authorize such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in practical difficulty. A variance from terms of this ordinance shall not be granted by the board of appeals unless and until:

1.

A written application for a variance is submitted demonstrating:

a.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not generally applicable to other land, structures or buildings in the same zoning district.

b.

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

c.

That the special conditions and circumstances do not result from the actions of the applicant or his or her predecessor.

d.

That granting the variance requested will not confer on the applicant any special privileges that are denied by this ordinance to other lands, structures or buildings in the same zoning district.

e.

No nonconforming use of neighboring land, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

2.

The board of appeals shall make findings of fact based upon evidence submitted by the applicant for the variance and all other interested parties.

3.

The board of appeals shall further make a finding that the reasons set forth in the application justify the granting of a variance or deny granting of a variance and the variance is the minimum that will make possible the reasonable use of the land, building or structure.

4.

The board of appeals shall further make a finding that the granting or refusal to grant a variance will be in harmony with the general purposes and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

5.

In granting any variance, the board of appeals may prescribe appropriate conditions and safeguards in conformity with this ordinance, pursuant to Section 30.06. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable as such.

6.

Under no circumstances shall the board of appeals grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

7.

Effect of decisions of the board of appeals. In exercising the above-mentioned powers, the board of appeals may, so long as such action is conformity with the terms of the ordinance, reverse, modify or affirm, wholly or partly, the orders, requirements, decisions or determinations appealed from and may make such orders, decisions or determinations as ought to be made, and to that end shall have the powers of the building inspector from whom the appeal is taken under appellate jurisdiction.

8.

The board of appeals shall have the power to interpret this ordinance and zoning map boundaries.

9.

Appeals from the board of appeals. Any person or person, or any taxpayer, department, board or bureau of the township aggrieved by any decision of the board of appeals may seek review by the circuit court of such decision in the manner provided by the laws of the State of Michigan.

(Ord. No. 09-01, § 9, 2-17-2009)

State Law reference— Variances, MCL 125.290.