Sec. 2200. There is hereby established the Board of Zoning Appeals, which shall perform its duties and exercise its powers as provided in Section 601 through Section 607, inclusive of Act 110 of Public Acts of 2006, as amended, in such a way that the objectives of this Ordinance shall be observed and public safety secured. The Township Board shall appoint five (5) members of the Board of Zoning Appeals as follows:

a.

The first member shall be a member of the Township Planning Commission. The Township Planning Commission may recommend a Planning Commission member for appointment to the Board of Zoning Appeals. The Township Board may choose not to appoint the recommended member to the Board of Zoning Appeals, or, in the alternative, may choose to appoint the recommended member. The member of the Planning Commission appointed to the Board of Zoning Appeals shall not also be a member of the Township Board.

b.

The second member shall be a member of the Township Board, but shall not serve as the chairperson of the Board of Zoning Appeals. The Township Supervisor may recommend a Township Board member for appointment to the Board of Zoning Appeals. The Township Board may choose not to appoint the recommended member to the Board of Zoning Appeals, or, in the alternative, may choose to appoint the recommended member. The member of the Township Board appointed to the Board of Zoning Appeals shall not also be a member of the Planning Commission.

c.

The third, fourth and fifth members, and any alternate members, shall be selected from the electors residing within the zoning jurisdiction of the Township. The members selected shall be representative of the population distribution and of the various interests present in the Township.

d.

The Township Board may appoint not more than two (2) alternate members for the same term as regular members. An alternate member may be called as specified to serve as a member of the Board of Zoning Appeals in the absence of a regular member if the regular member will be unable to attend one (1) 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 regular member has abstained for reasons of conflict of interest. The alternate member shall serve in a case until a final decision is made. The alternate member has the same voting rights as a regular member. The Board of Zoning Appeals shall not conduct business unless a majority of the regular members are present.

e.

If a Township Board member is a regular member on the Board of Zoning Appeals, another Township Board member shall not serve as an alternate member on the Board of Zoning Appeals. Only one Township Board member shall serve on the Board of Zoning Appeals as either a member or an alternate member.

f.

No member shall be an employee or contractor of the Township.

g.

A member of the Board of Zoning Appeals that is also a member of the Township Planning Commission or Township Board shall not participate in a public hearing or vote on a matter that the member voted on previously as a member of the Township Planning Commission or Township Board. The member may participate in other, unrelated, matters regarding the same property.

h.

The terms of office for members appointed to the Board of Zoning Appeals shall be for three (3) years, except for members serving because of their membership on the Planning Commission or Township Board, whose terms shall be limited to the time they are members of those bodies.

i.

A successor shall be appointed not more than one (1) month after the term of the preceding member has expired. Vacancies for unexpired terms shall be filled for the remainder of the term.

j.

Members may be paid a reasonable per diem and reimbursed for expenses actually incurred in the discharge of his or her duties.

k.

A member of the Board of Zoning Appeals may be removed by the Township Board for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office.

(Ord. No. 44A-48, 8-6-85; Ord. No. 44A-263, 5-15-08)

Sec. 2201. All meetings of the Board of Zoning Appeals shall be held at the call of the Chairman and at such times as such Board may determine. Unless altered by the Chairman and/or the Board of Zoning Appeals, meetings shall be held, when matters are available for review, on the first Monday of each month that is not a holiday. All hearings conducted by said Board shall be open to the public. The Board 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 also keep records of its hearings and other official action. A copy of all records maintained by the Board shall be filed with the Township Clerk. The Board shall also have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

(Ord. No. 44A-252, 3-20-07)

Sec. 2202. An appeal may be taken to the Board of Zoning Appeals by any person, firm, entity or corporation, or by any officer, Department, Board or Bureau affected by an administrative decision of the Building Official, Zoning Administrator, Planning Commission, or other administrative official or body, having to do with matters under this Ordinance. Such appeal shall be taken within such time as shall be prescribed by the Board of Zoning Appeals by general rule, by filing with the Building Official, Zoning Administrator, Planning Commission or other administrative official or body, whose decision is being appealed, and with the Board of Zoning Appeals, a notice of appeal, specifying the grounds thereof. The Building Official, Zoning Administrator, Planning Commission or other administrative official or body, whose decision is being appealed, shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Official, Zoning Administrator, Planning Commission or other administrative official or body, whose decision is being appealed, certifies to the Board of Zoning Appeals after notice of appeal has been filed with that person or entity, that by reason of facts stated in the certificate, a stay would, in that person's or entity's opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by a court of record. The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

(Ord. No. 44A-252, 3-20-07)

Sec. 2203. The Township Board may from time to time prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the Zoning Board of Appeals. At the time the notice for appeal is filed, said fee shall be paid to the Township Clerk to the credit of the general revenue fund of Bedford Township.

Sec. 2204.

1.

The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this Ordinance nor to permit any use in a district in which it is not permitted, but does have power to act on those matters where this Ordinance provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this Section and laws of the State of Michigan. Said powers include:

a.

Administer review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Building Official, Zoning Administrator, Planning Commission or other administrative official or body, whose decision is being appealed, carrying out or enforcing any zoning matter or any provision of this Ordinance.

b.

Variance. To authorize, upon an appeal, a variance from the strict application of the provisions of this Ordinance where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this Ordinance or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties or exceptional undue hardship provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Ordinance. In granting a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this Ordinance. In granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance.

c.

Exceptions and special approvals. To hear and decide in accordance with the provisions of this Ordinance, requests for exceptions, for interpretations of the Zoning Map, and for decisions on special approval situations on which this Ordinance specifically authorizes the Board to pass. Any exception or special approval assigned to the Board shall be subject to such conditions as the Board may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of this Ordinance, including the following:

(1)

Interpret the provisions of this Ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning Map fixing the use districts, accompanying and made part of this Ordinance, where street layout actually on the ground varies from the street layout as shown on the map aforesaid.

(2)

Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the Planning Commission.

(3)

Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.

(4)

Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification, provided that modification of lot area regulations shall be permitted only in instances where the nature of the soil and drainage is such that there is sufficient area for safe water supply and sanitary disposal of waste (unless central water distribution or sanitary sewage is provided). The Board may require the appellant to submit a topographical survey or the results of percolation tests certified by a registered engineer or land surveyor.

(5)

Permit temporary buildings and uses for periods not to exceed two years in undeveloped sections of the Township and for periods not to exceed six months in developed sections.

(6)

Permit an outdoor carnival, circus or other type of migratory amusement enterprise, or any type of outdoor assembly which reasonably may be expected to attract more than 500 persons, including but not limited to: music festivals, rock festivals, and the like, in an AG (Agricultural), C-2 (Shopping Center), C-3 (General Business), I-2 (Limited Industrial) or I-3 (General Industrial) District, provided that the fee holder of the premises to be used indicates his approval in writing, and that the use shall not continue for longer than a period of two weeks; provided that such approval shall not be required for such enterprises if the same have been regularly conducted in any zoning district by nonprofit civic groups prior to the adoption of this Ordinance or if the enterprise is conducted under the auspices of a governmental body.

(7)

Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed 12 months with the granting of 12 month extensions being permissible: uses which do not require the erection of any capital improvement of a structural nature.

The Board of Appeals, in granting permits for the above temporary uses, shall do so under the following conditions:

(a)

The act of granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.

(b)

The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit.

(c)

All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the Township of Bedford shall be made at the discretion of the Board of Appeals.

(d)

In classifying uses as not requiring capital improvement, the Board of Appeals shall determine that they are either demountable structures related to the permitted use of land; recreation developments, such as, but not limited to: golf driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems or sanitary connections.

(e)

The use shall be in harmony with the existing general character of the district.

(f)

No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this Ordinance. Further, the Board of Appeals shall seek the review and recommendation of the Planning Commission prior to the taking of any action.

2.

In consideration of all appeals and all proposed variations to this Ordinance, the Board shall, before making any variations from the Ordinance in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the Township of Bedford. The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirements, decision or determination of the Building Inspector, or to decide in favor of the applicant any matter upon which it is authorized by this Ordinance to render a decision. Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change this Ordinance or the Zoning Map, such power and authority being reserved to the Township Board of the Township of Bedford, in the manner provided by law.

(Ord. No. 44A-252, 3-20-07; Ord. No. 44A-319, § 1, 11-21-17)

Sec. 2205. In exercising the above powers, the Board may reverse or affirm wholly or partly, or may modify the orders, requirement, decision or determination appealed from and may make such order, requirement decision or determination as ought to be made, and to that end shall have all the powers of the Building Inspector from whom the appeal is taken.

Sec. 2206.

1.

The Board of Zoning Appeals shall make no recommendation in any case until after a public hearing. The Board shall fix a reasonable time for the hearing.

2.

The Board of Zoning Appeals shall publish notice of the request in a newspaper of general circulation in the Township of Bedford. Notice shall also be sent by mail or personal delivery to the owners of property for which approval is being considered. In addition, notice shall be sent to all persons whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning district.

3.

The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection. The notice shall do all of the following:

1)

Describe the nature of the request.

2)

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

3)

State when and where the request will be considered.

4)

Indicate when and where written comments will be received concerning the request.

(Ord. No. 44A-252, 3-20-07)

Sec. 2207. No order of the Board permitting the erection of a building shall be valid for a period longer than six months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

No order of the Board permitting a use of a building or premises shall be valid for a period longer than six months unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.