In order that the objectives of this chapter may be more fully and equitably achieved, that there shall be provided a means of competent interpretation of this chapter, that adequate but controlled flexibility be provided in the application of this chapter, that the health, safety, and welfare of the public be secured, and that justice be done, there is hereby established a zoning board of appeals.

(Ord. of 2-1-2018, § 14.01)

(a)

The zoning board of appeals of shall consist of five members appointed by the township board.

(1)

The first member of the zoning board of appeals shall be a member of the planning commission; the second member may be a member of the township board; the additional members shall be selected from the electors residing in the township. The township board member shall not serve as chair.

(2)

The additional members shall not be elected officers or employees of the township board. The additional members shall be appointed for three-year terms; the planning commission and township board representatives, who shall not be the same member, shall only serve while holding membership on those respective bodies.

(b)

The township board may appoint up to two alternate members for the same terms as the regular members.

(1)

An alternate may be called to serve as a regular member in the absence of a regular member if the regular member is absent from or will be unable to attend one or more meetings.

(2)

An alternate member may also be called to serve as a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest.

(3)

The alternate member shall serve in the case until a final decision is made.

(4)

The alternate member shall have the same voting rights as a regular member when called.

(Ord. of 2-1-2018, § 14.02)

(a)

Appeals. The zoning board of appeals shall hear and decide appeals from and review any order, requirement, decision, or determination made by the zoning administrator or other administrative officer or body of the township in the administration of this chapter.

(b)

Interpretation. The zoning board of appeals shall have the power to:

(1)

Hear and decide upon requests for the interpretation of the provisions of this chapter; and

(2)

Determine the precise location of boundary lines between zoning districts upon appeal from a decision by the zoning administrator.

(c)

Variances. The zoning board of appeals shall have the power to authorize specific variances from the requirements of this chapter.

(d)

Authority to approve. The zoning board of appeals shall not have the authority to approve any land use or sign type which is not permitted by this chapter.

(Ord. of 2-1-2018, § 14.03)

Meetings shall be open to the public, and shall be held at the call of the chairperson and at other times as the zoning board of appeals shall specify in its rules of procedure.

(Ord. of 2-1-2018, § 14.04)

(a)

An application to the zoning board of appeals shall consist of a completed application form, provided by the township, a fee as established by the township board, which shall be paid to the clerk at the time of filing, and a scaled drawing with sufficient detail to indicate the nature and necessity of the request. The zoning board of appeals may request additional detail on the drawing or other information which they deem necessary to make a decision on the application.

(b)

Upon receipt of a complete application, the secretary shall cause notices of the hearing to be provided as required by the Michigan Zoning Enabling Act.

(c)

The zoning board may recess the hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.

(Ord. of 2-1-2018, § 14.05)

(a)

The concurring vote of a majority of the total membership, as stated in section 24-449(a), of the zoning board of appeals shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator; to decide in favor of any application on any matter upon which the board is required to pass under this chapter; or to effect any variance in this chapter.

(b)

The zoning board of appeals shall return a decision upon each case within a reasonable time after the scheduled hearing has been held.

(c)

Any decision of the board shall not become final until the decision of the board has been certified in writing by the chair of the board, or until minutes of the meeting at which final action on the request was taken are officially approved and adopted by the zoning board of appeals.

(d)

The decision of the board of appeals shall be final; however, any person having an interest affected by the decision shall have the right of appeal to the circuit court on questions of law and fact.

(e)

Each decision entered under the provisions of this chapter shall become null and void unless the construction or other action authorized by the decision has been started within one year after the decision was made and is being carried forward to completion or occupancy of land, premises, or buildings.

(f)

No application which has been denied wholly or in part by the board shall be resubmitted for a period of one year from the date of the last denial, except on grounds of changed conditions that would significantly change the nature of the request or affect the reasons for denial first ordered by the board.

(Ord. of 2-1-2018, § 14.06)

(a)

Appeals to the board of appeals may be taken by any person aggrieved, or by any officer, department or board of the township. Applications for appeals shall be filed within 30 days after the decision of the board is certified in writing, or within 21 days after the minutes of the meeting at which final action on the request was taken are officially approved and adopted by the zoning board of appeals. The appellant must file with the zoning administrator a notice of appeal specifying the nature and grounds for the appeal. The zoning administrator shall transmit to the board of appeals all the papers constituting the record upon which the action appealed from was taken.

(b)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the zoning board of appeals after the notice of the appeal shall have been filed with him that, for reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of appeals or, on application, by the county circuit court when due cause can be shown.

(c)

The zoning board of appeals shall base its decision upon the record submitted to the person or body responsible for making the decision which is being appealed. No additional information or evidence shall be submitted by the appellant that was not otherwise available to the person or body making the decision from which the appeal was taken. A decision of the zoning board of appeals is final. A party aggrieved by the decision may appeal to the county circuit court.

(Ord. of 2-1-2018, § 14.07)

Dimensional variance. A dimensional variance may be allowed by the zoning board of appeals only in cases where there is reasonable evidence of practical difficulty in the official record of the hearing and that all of the following conditions are met:

(1)

That there are exceptional or extraordinary circumstances or conditions applying to the property in question that do not apply generally to other properties in the same zoning district. Exceptional or extraordinary circumstances or conditions include:

a.

Exceptional narrowness, shallowness or shape of a specific property on February 1, 2018;

b.

By reason of exceptional topographic conditions or other extraordinary situation on the land, building or structure;

c.

By reason of the use or development of the property immediately adjoining the property in question; whereby the literal enforcement of the requirements of this chapter would involve practical difficulties; or

d.

Any other physical situation on the land, building or structure deemed by the zoning board of appeals to be extraordinary.

(2)

That the condition or situation of the specific piece of property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for the conditions or situations.

(3)

That the variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

(4)

The variance will not be significantly detrimental to adjacent property and the surrounding neighborhood.

(5)

The variance will not impair the intent and purpose of this chapter.

(6)

That the immediate practical difficulty causing the need for the variance request was not created by any action of the applicant.

(Ord. of 2-1-2018, § 14.08)