In order that the objectives of the Ordinance may be more fully and equitably achieved, that there shall be provided a means of competent interpretation of this Ordinance, that adequate but controlled flexibility be provided in the application of this Ordinance, that the health, safety, and welfare of the public be secured, and that justice be done, there is hereby established the Zoning Board of Appeals (ZBA).

A.

The ZBA shall consist of five members.

1.

The first member of the ZBA shall be a member of the Planning Commission. The second member may be a member of the Township Board and the additional members shall be selected from the electors residing in the Township.

2.

All members shall be appointed by the Township Board. No additional members shall be elected officers of the Township or employees of the Township Board, except that the Board of Appeals may appoint an employee of the Township Board to act as Recording Secretary of the Board. The members selected from among the electors of the Township shall each serve a term of three years staggered in such a way that the term of at least one member expires each year.

3.

The Planning Commission and Township Board representatives, who shall not be the same member, shall only serve on the ZBA while holding office on those respective bodies.

4.

The total amount allowed such Zoning Board of Appeals in any one year as per diem or as expenses actually incurred in the discharge of their duties shall be a reasonable sum which shall be provided monthly in advance by the Township Board.

5.

A member of the Zoning Board of Appeals shall be disqualified from a vote in which the member has a conflict of interest and shall refrain from being involved in any ZBA discussion regarding the case, other than as a member of the public. Failure of a member to accept disqualification from a vote in which the member has a conflict of interest shall constitute misconduct in office.

B.

The Township Board may appoint up to two alternate members with the same qualifications as regular members for the same terms as the regular members.

1.

An alternate may be called to serve as a regular member:

a.

In the absence of a regular member if the regular member is absent from or will be unable to attend one meeting for a period of more than 30 consecutive days.

b.

For the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest.

2.

The alternate member shall serve in the case until a final decision is made, and shall have the same voting rights as a regular member.

The ZBA shall elect from its membership a Chairman, Vice Chairman and Executive Secretary.

The ZBA shall adopt rules of procedure. These rules shall be available for public inspection at the office of the Township Clerk.

A.

Meetings of the ZBA shall be held at such times as the ZBA may determine. There shall be a fixed place of meeting and all hearings shall be open to the public.

B.

The presence of three members shall constitute a quorum. The ZBA shall act by motion or resolution. The concurring vote of three members of said ZBA shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass by this Ordinance, or to grant variances from the requirements of this Ordinance.

C.

The ZBA shall keep minutes of its proceedings, showing the action of the ZBA, the reasons on which it bases its action, and the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official action, all of which shall be filed promptly in the office of the ZBA and shall be a public record.

D.

A copy of each resolution adopted by the ZBA shall be submitted to the Clerk of the Township and to the Secretary of the Planning Commission.

The ZBA shall have the following specified duties and powers:

A.

Appeals. The ZBA shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator or other administrative officer or body of the Township in the administration and enforcement of this Ordinance. Such request for appeal shall be filed within 21 days of the action or decision being appealed.

B.

Interpretation. The ZBA shall have the power to:

1.

Hear and decide upon requests for the interpretation of the provisions of this Ordinance.

2.

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

C.

Variances. The ZBA shall only have the power to authorize specific dimensional variances from the requirements of this Ordinance. The granting of use variances is strictly prohibited.

D.

The ZBA may only hear dimensional variance requests regarding signs and shall not have the authority to approve any sign type which is not permitted within a zoning district.

E.

The ZBA shall not have authority to hear any appeal from decisions relating to planned unit developments or special uses.

A.

An application to the ZBA shall consist of:

1.

A completed application form, provided by the Township.

2.

A fee as established by the Township Board, paid to the Township Clerk at the time of filing.

3.

A scaled drawing with sufficient detail to indicate the nature and necessity of the request.

4.

All other information necessary to facilitate a decision including but not limited to a narrative regarding the request, including addressing the standards of Section 20.08.

5.

Any studies conducted regarding the site or any other pertinent information that may help the ZBA in their deliberations.

6.

The ZBA may request additional detail on the drawing or other information which it deems necessary to make a decision on the application.

7.

An appeal from any ruling of the Zoning Administrator or other administrative officer administering any portion of this Ordinance may be taken by any person or any governmental department affected or aggrieved thereby and filed within 21 days of such ruling. 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 ZBA all the papers constituting the record upon which the action appealed from was taken.

8.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the ZBA, after notice of appeal shall have been filed, that by reason of fact stated in the certificate, a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may, on due cause shown, be granted by the ZBA or by the Circuit Court on application, after notice to the Zoning Administrator.

B.

Upon receipt of a complete application the Secretary of the ZBA shall immediately place the application or appeal upon the calendar for hearing and cause public notices stating the time, place and subject of the hearing to be served in accordance with the Zoning Act.

1.

Notices shall be served either personally or by mail to the owners and occupants of the property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet.

2.

If the name of the occupant is not known, the term "occupant" may be used in making notification. 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 individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, the partnerships, businesses or organizations, notice shall 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.

3.

The notices shall be sent at least 15 days prior to the date of the scheduled hearing.

4.

The Secretary of the ZBA shall file an affidavit of service by mail or personal service with the ZBA prior to the hearing. Each party may appear at the hearing in person or by agent or attorney.

C.

The ZBA may recess the hearings from time to time, and no further notice shall be required.

A.

The ZBA shall return a decision upon each case within a reasonable time after the scheduled hearing has been held. The reasoning supporting its decision shall be documented by stating on the record the grounds or findings to support it.

B.

The ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end, shall have all the powers of the office or body from whom the appeal was taken and may issue or direct the issuance of a permit.

C.

In granting any variance, the ZBA may prescribe appropriate and reasonable conditions and safeguards, which shall be in conformity with all of the following requirements:

1.

The condition or safeguard must be designed to protect natural resources; the health, safety, and welfare and the social and economic wellbeing of those who will use the land or activity under consideration; residents and landowners immediately adjacent to the proposed activity; and the community as a whole.

2.

The condition or safeguard must be related to the valid exercise of the police power and to the purposes that are affected by the proposed activity.

3.

The condition or safeguard must be necessary to meet the intent and purposes of this Ordinance; be related to the standards established in this Ordinance for the activity under consideration; and be necessary to ensure compliance with those standards.

D.

A copy of the ZBA's decision shall be transmitted to the applicant or appellant and to the Zoning Administrator. Such decision shall be binding upon the Zoning Administrator, who shall incorporate the terms and conditions of the same in the permit to the applicant or appellant whenever a permit is authorized by the ZBA.

E.

Any decision of the ZBA shall not become final until after the Zoning Board of Appeals certifies its decision in writing or approves the minutes of its decision. However, if the ZBA shall find the immediate effect of the order is necessary for the preservation of property or personal rights, health, safety, and welfare, immediate effect shall so be certified on the record.

F.

The decision of the ZBA shall be final; however, any person having an interest affected by any decision shall have the right of appeal to the circuit court.

G.

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 with reasonable speed to completion or occupancy of land, premises, or buildings.

H.

No application which has been denied wholly or in part by the ZBA 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 ZBA.

A.

A dimensional variance may be allowed by the ZBA only in cases where the ZBA finds that ALL of the following conditions are met:

1.

Granting the variance will not be contrary to the public interest and will ensure that the spirit of this Ordinance is observed.

2.

The variance is being granted with a full understanding of the property history.

3.

Granting the variance will not cause a substantial detriment to property or improvements in the vicinity or in the district in which the subject property is located.

4.

The variance request is not one where the specific conditions pertaining to the property are so general or recurrent in nature as to make the formulation of a general regulation for those conditions reasonably practicable.

5.

That there are practical difficulties in the way of carrying out the strict letter of these regulations which are caused by exceptional or extraordinary circumstances or conditions applying to the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the vicinity in the same zoning district. Exceptional or extraordinary circumstances or conditions include any of the following:

a.

Exceptional narrowness, shallowness or shape of a specific property on the effective date of this Ordinance.

b.

Exceptional topographic conditions.

c.

By reason of the use or development of the property immediately adjoining the property in question.

d.

Any other physical situation on the land, building or structure deemed by the ZBA to be extraordinary.

6.

That granting the variance is necessary for the preservation of a substantial property right possessed by other properties in the vicinity in the same zoning district.

7.

That the variance is not necessitated as a result of any action or inaction of the applicant.

8.

The variance, if granted, would be the minimum departure necessary to afford relief.

B.

In addition to the above outlined standards for a dimensional variance, the Zoning Board of Appeals shall consider the following when deliberating upon a nonconforming lot in a platted subdivision case (see also Section 3.28):

1.

There is no practical possibility of obtaining more land.

2.

The proposed use cannot reasonably be located on the lot such that the minimum requirements are met.