(a)

Creation. There is hereby established a zoning board of appeals, which shall perform its duties and exercise its powers as provided in Act No. 110 of the Public Acts of Michigan of 2006, as amended.

(b)

Membership. The zoning board of appeals shall be composed of five (5) members. The board shall be appointed by the township board and shall be composed of the following five (5) members whose terms shall be as stated:

(1)

One (1) shall be a member of the township planning commission.

(2)

The remaining regular members shall be selected or appointed by the township board from the electors residing in the unincorporated areas of the township provided that no elected officer of the township, nor any employee of the township board, may serve simultaneously as an additional member.

(3)

An employee or contractor of the township shall not serve as a member of the zoning board of appeals.

(c)

Alternate members. Two (2) alternate members may be appointed for the same term as regular members of the ZBA. Alternate members may be called on a rotating basis to sit as regular members 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 in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of a conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the board of appeals.

(d)

Terms of office.

(1)

The member of the planning commission shall serve three (3) year terms, except that such terms shall be concurrent with service on the planning commission.

(2)

The additional members shall serve for three (3) year terms.

(3)

Should a vacancy occur, a successor shall be appointed not more than one (1) month after the vacancy has occurred. All such vacancies or unexpired terms shall be filled for the remainder of the term of the member being succeeded.

(e)

Removal. A member of the zoning board of appeals may be removed by the township board for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing by the township board.

(f)

Conflict of interest. A member of the zoning board of appeals shall disqualify herself or himself 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. 01-20, § 18.351, 2-10-20)

(a)

Meetings. Meetings of the zoning board of appeals shall be held at the call of the chairperson and at such times other times as the zoning board of appeals may specify in its rules of procedure.

(1)

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.

(2)

All hearings conducted by the zoning board of appeals shall be open to the public. The zoning 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 also keep records of its hearings and other official action.

(3)

The zoning board of appeals shall 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 matter before it.

(b)

Quorum. The zoning board of appeals shall not conduct business unless a majority of the members of the zoning board of appeals are present.

(Ord. No. 01-20, § 18.352, 2-10-20)

(a)

An appeal may be taken to the zoning board of appeals by any person, or by any officer, department, board or bureau affected by a decision of the building official. Such appeal shall be taken within such time as shall be prescribed by the zoning board of appeals by general rule, by filing with the building official and with the zoning board of appeals, a notice of appeal, specifying the grounds thereof. The building official shall forthwith transmit to the zoning board of appeals all of the documents and records constituting the action being appealed. Decisions related to planned unit developments or special land uses shall not be appealed to the zoning board of appeals.

(b)

Stay. An appeal shall stay proceedings in the furtherance of the action appealed from, unless the building official certifies to the zoning board of appeals that by reason of facts stated in the certificates a stay would 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 the circuit court on application, and on due cause shown.

(c)

Hearing. The zoning board of appeals 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 a duly authorized agent or attorney.

(d)

Notice. Notice of the hearing of the appeal shall be given in accordance with section 18-38.

(e)

Application and fees. Application for a zoning board of appeals hearing shall be in writing and shall be accompanied by a filing fee as established by the township board which shall be paid to the township clerk at the time the appeal is filed.

(Ord. No. 01-20, § 18.353, 2-10-20)

(a)

General powers. The zoning board of appeals has the power to act on matters as provided in this article and Public Act 110 of 2006, as amended. The specific powers of the zoning board of appeals are enumerated in this section.

(b)

Delegated duties. The zoning board of appeals shall hear and decide on all matters referred to it upon which it is required to pass under the chapter.

(c)

Administrative review. The zoning board of appeals shall hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the building official or other official in the enforcement of this chapter.

(d)

Interpretation.

(1)

The zoning board of appeals shall hear and decide requests for interpretation of this chapter or the zoning map, taking into consideration the intent and purpose of this chapter and the master plan.

(2)

In an interpretation of the zoning map, the zoning board of appeals shall be governed by the rules of interpretation set forth in section 18-53.

(3)

A record shall be kept by the zoning board of appeals of all decisions for interpretation of this chapter or zoning map and land uses which are approved under the terms of this section. The zoning board of appeals shall request the planning commission to review any ordinance amendment it deems necessary.

(e)

Variances. Where, owing to special conditions, a literal enforcement of the provisions of this chapter would involve practical difficulties by reason of narrowness, shallowness, shape, or area of a specific piece of property at the time of enactment of this chapter, or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of property, the zoning board of appeals shall have power upon appeal in specific cases to authorize such variation or modification of the provisions of this chapter with such conditions and safeguards as it may determine, as may be in harmony with the spirit of this chapter and so that public safety and welfare be secured and substantial justice done. No such variance or modification of the provisions of this chapter shall be granted unless it appears beyond a reasonable doubt that all the following facts and conditions exist:

(1)

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or class of uses in the same district or zone.

(2)

That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity.

(3)

That the granting of such variance or modification will be materially detrimental to the public welfare or materially injurious to the property or improvements in such zone or district in which the property is located.

(4)

That the granting of such variance will not adversely affect the purpose or objectives of the master plan.

(5)

Absent exceptional circumstances which would otherwise result in substantial injustice, the circumstances or conditions upon which the variance is based do not result from the actions of the applicant or their predecessors in title.

(6)

In consideration of all appeals and all proposed variations to this chapter, the zoning board of appeals shall, before making any variations from this chapter 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, or welfare of the inhabitants of the township.

No provision contained in this section shall be construed to give or grant to the zoning board of appeals the power or authority to alter or change this chapter or the zoning map, such power and authority being reserved to the township board in the manner provided under Public Act 110 of 2006, as amended.

(f)

Expansions, alterations, and substitutions. The zoning board of appeals is required to determine whether a non-conforming structure may be enlarged, expanded, or extended, or whether a non-conforming use can be substituted. In considering expansions, alterations, and/or substitutions related to non-conforming structures and uses, the zoning board of appeals shall review the following criteria:

(1)

The reasons for a non-conformity shall be limited to minimum lot area, lot width, required yards, off-street loading and parking requirements. In no case shall a structure that is non-conforming due to lot coverage, floor area ratio, lot area per dwelling unit, or height requirements be permitted to expand without removing the existing non-conformity, except as permitted under a variance.

(2)

The existing and proposed uses of such buildings and structures shall be permitted in the district in which situated.

(3)

The proposed improvement shall conform to all requirements of the district in which situated.

(4)

The retention of the non-conforming structure is reasonably necessary for the proposed improvement or that requiring removal of such structure would cause undue hardship.

(5)

The proposed enlarged or otherwise improved non-conforming structure will not adversely affect the public health, safety, and welfare.

(6)

The proposed improvement is reasonably necessary for continuation of the use of the lot.

(7)

The zoning board of appeals shall have authority to require modification of the non-conformity, where such requirement is reasonable, as a condition of approval. The zoning board of appeals may attach other conditions of approval which it deems necessary to protect the public health, safety, and welfare.

(8)

All expansions permitted under this section shall meet all requirements of article VI, site plan review, if a site plan is required. The site plan may be a final site plan and shall be first reviewed by the planning commission. Upon completion of its review, the planning commission shall transmit their review of the site plan to the zoning board of appeals. The zoning board of appeals shall then act upon the request, and return to the planning commission for its action, as applicable.

(9)

A structure which does not conform to zoning ordinance regulations shall not substitute for, or replace, any conforming or non-conforming structure.

(10)

A non-conforming use of a structure may be substituted for another non-conforming use upon permission by the zoning board of appeals, provided that no structural alterations are made, and that such non-conforming use is more appropriate than the existing non-conforming use in the district in which it is located. The zoning board of appeals may require appropriate conditions and safeguards in accordance with the intent of this chapter. A non-conforming use, when superseded by a more appropriate use as provided in this subsection, shall not thereafter be resumed.

(g)

Use variances. The zoning board of appeals shall not have the jurisdiction to grant variances from uses of land (i.e., a use variance).

(Ord. No. 01-20, § 18.354, 2-10-20)

In exercising the powers provided in this article, the zoning board of appeals may reverse or affirm wholly or in part, or may modify the order, 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 administrative official or other body from whom the appeal is taken.

The concurring vote of a majority of the zoning board of appeals shall be necessary to reverse any order, requirement, decision, or determination of the administrative official or other body, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision.

With an affirmative decision, the zoning board of appeals may impose conditions pursuant to Section 604(7) of Michigan Public Act 110 of 2006, as amended. The decision of the zoning board of appeals shall be final, but any party aggrieved by a decision of the board may appeal to circuit court within thirty (30) days after the decision is certified or approved or twenty-one (21) days after meeting minutes are approved, whichever is sooner.

(Ord. No. 01-20, § 18.355, 2-10-20)

The zoning board of appeals shall make no determination, except in a specific case, until after a public hearing. Notice of the public hearing shall be published in the manner required by section 18-38, notices.

(Ord. No. 01-20, § 18.356, 2-10-20)

(a)

No order of the zoning board of appeals permitting the erection or alteration of a building shall be valid for a period longer than one (1) year, unless a building permit for such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(b)

No order of the zoning board of appeals permitting a use of a building or premises shall be valid for a period longer than one (1) year, 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 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.

(Ord. No. 01-20, § 18.357, 2-10-20)