A zoning board of appeals (also known as a board of zoning appeals) is hereby established. The board shall consist of not less than five members, one of whom shall be a member of the township planning commission, and one of whom may be a member of the township board appointed by that board. The term of the township board member shall not exceed said member's term of office on the township board. The remaining members shall be electors of the township residing outside of incorporated areas, and shall be appointed for terms of three years. Vacancies for unexpired terms shall be for the remainder of the term and shall be filled in the same manner as the original appointment.

A township board member shall not serve as chairperson of the zoning board of appeals, and employees or contractors of the township may not serve as members of the board. A member of the board shall be disqualified from a vote in which the member has a conflict of interest. A member of the zoning board of appeals who is also a member of the planning commission or the township board shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of the planning commission or the township board. However, the member may consider and vote on other unrelated matters involving the same property.

The township board may appoint not more than two alternate members for the same term as regular members to the zoning board of appeals. An alternate member may be called as specified to serve as a member of the zoning board of appeals in the absence of a regular member, if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the member has abstained for reasons of conflict of interest. The alternate member shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the zoning board of appeals.

A member of the zoning board of appeals may be removed by the township board pursuant to Section 601 of the Michigan Zoning Enabling Act (MCL 125.3601).

(Ord. No. 31.37, § 17, 4-19-2010)

A.

The board of zoning appeals shall adopt rules and regulations to govern its procedures. The board of zoning appeals shall appoint one of its members as chairperson. The concurring vote of a majority of the members of the board of zoning appeals shall be necessary to revise any order, requirement, decision or interpretation of the zoning administrator or to decide in favor of an applicant any matter upon which they are required to pass under this ordinance or to effect any variation in this ordinance. The board of zoning appeals shall not conduct business unless a majority of the regular members of the board of zoning appeals are present.

B.

Meetings of the board of appeals shall be held at the call of the chairperson and at such other times as the board in its rules of procedure may specify. Minutes shall be kept of each meeting and the board shall record into the minutes all findings, conditions, facts and other relevant factors, including the vote of each member upon each question, or if absent or failing to vote indicating such fact, and all of its official actions. All meetings and records shall be open to the public. All minutes shall be filed in the office of the township clerk.

C.

The zoning board of appeals shall fix a reasonable time for a hearing and shall publish one notice of public hearing in a newspaper of general circulation within the township not less than 15 days before the date the application will be considered for approval, and shall provide notice by personal delivery or by deposit during normal business hours for delivery by the U.S. Postal Service or other public or private delivery service to all persons to whom property is assessed within 300 feet of the subject property, and to the occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located within the township. Notification need not be given to more than one occupant of a structure, except that, if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different person, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. Such notice shall describe the nature of the request, identify the property that is the subject of the request, and, when the request relates to ten or fewer adjacent properties, shall include a listing of all street addresses within the property, if such addresses exist. The notice shall also state when and where the request will be considered, and indicate when and where written comments will be received concerning the request. If a request does not pertain to a specific property, notice need only be published in the newspaper and served on the person requesting the hearing as provided above.

(Ord. No. 31.37, § 18, 4-19-2010)

A.

The zoning board of appeals shall perform its duties and exercise its powers as provided by Act 110 of the Public Acts of 2006 (MCL 125.3100 et seq.), and as may be amended, so that the objectives of this ordinance shall be attained, the public health, safety and welfare secured, and substantial justice done. The zoning board of appeals shall hear and decide only those matters which it is specifically authorized to hear and decide as provided therein; administrative review interpretations and variances.

B.

The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property, nor make any change in the terms or intent of this ordinance, but does have the power to act on those matters for which this ordinance provides an administrative review, interpretation, variance or exception.

(Ord. No. 31.37, § 19, 4-19-2010)

A.

The board of zoning appeals shall hear and decide appeals from and review any order, requirements, decision or determination of the zoning administrator.

B.

The board of zoning appeals shall have the power to:

(1)

Interpret, upon request, the provisions of this ordinance in such a way as to carry out the intent and purpose of this ordinance.

(2)

Determine the precise location of the boundary lines between zoning districts when there is dissatisfaction with a decision made by the zoning administrator.

(3)

Classify a use which is not specifically mentioned as a part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district.

(4)

Determine the parking space requirements of any use not specifically mentioned either by classifying it with one of the groups listed in article XVII by an analysis of the specific needs.

A.

The board of zoning appeals shall have the power and duty to authorize upon appeal in specific cases such variance from the provisions 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 unnecessary hardship or practical difficulty.

B.

A variance shall not be granted by the zoning board of appeals unless and until the following conditions are met:

(1)

A written application for a variance is submitted demonstrating:

(a)

That there are practical difficulties which stand in the way of carrying out the strict letter of the zoning ordinance, and there are special conditions and circumstances which exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures, or buildings in the same 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 necessitating the variance did not result from the actions of the applicant.

(d)

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

C.

Any nonconforming use of neighboring lands, structures, or buildings shall not be considered grounds for the issuance of a variance.

D.

The board of zoning appeals shall make findings that the requirements of this section have been met by the applicant.

E.

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

F.

The board of zoning appeals shall further find that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public interest.

G.

In granting any variance, the board of zoning appeals may prescribe appropriate conditions and safeguards in conformity with this ordinance. 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.

H.

Under no circumstances shall the board of zoning 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.

I.

In exercising the above-mentioned powers, the board of zoning appeals may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination appealed from and may make such order requirements, decision, or determination as ought to be made, and to that end shall have the powers of the public official from whom the appeal is taken.

J.

Each variance granted under the provisions of this ordinance shall become null and void unless the occupancy of land or buildings, or the construction authorized by such variance has commenced within 180 days after the granting of such variance.

(Ord. No. 31.37, § 20, 4-19-2010)

A.

Appeals concerning interpretation and administration of this ordinance shall be made by filing a notice of appeal specifying the grounds thereof with the township clerk within a period of 30 days from the occurrence of the contested action. The clerk shall transmit to the board copies of all papers constituting the record upon which the action appealed from was taken.

B.

A fee shall be paid to the township clerk at the time of filing the notice of appeal and shall be deposited in the township's general fund. The appeal fee shall be established by the township board.

C.

Any party or parties may appear at the hearing in person or by agent or attorney.

D.

The board of zoning appeals shall decide upon all matters within a reasonable time. The decision of the board shall be in the form of a resolution containing a full record of its findings and determinations in each case.

E.

An appeal shall stay all proceedings in furtherance of the action appealed, unless the building inspector or zoning administrator certifies to the board, that a stay would in his/her opinion, cause imminent peril to life or property, in which case the proceedings should not be stayed, other than by a restraining order granted by the courts.

All questions concerning applications or provisions of this ordinance shall first be presented to the zoning administrator. Such questions shall be presented to the board of zoning appeals only on appeal from the decision of the zoning administrator. Recourse from decisions of the board of zoning appeals shall be to the Circuit Court of Clinton County. An appeal under this section shall be filed within 30 days after the zoning board of appeals issues its decision in writing, signed by the chairperson, if there is a chairperson, or signed by the members of the zoning board of appeals if there is no chairperson, or within 21 days after the zoning board of appeals approves the minutes of its decision. The court may affirm, reverse or modify the decision of the zoning board of appeals and may make other orders as justice requires.

(Ord. No. 31.37, § 21, 4-19-2010)