(A)   Establishment.  There is hereby established a Zoning Board of Appeals which shall perform the duties and exercise the powers assigned to it under this chapter and under Public Act 184 of 1943, being M.C.L.A. §§ 125.321 through 125.333, as amended.

   (B)   Members.  The Zoning Board of Appeals shall consist of 5 members.  The first member shall be a member of the Township Planning Commission and shall serve as long as his or her term on the Planning Commission continues, the second shall be a member of the Township Board appointed by the Township Board and shall serve for 2 years or with the tenure of his or her township office; the remaining members shall be selected and appointed by the Township Board from among the electors residing in the township and serve for 3 years; provided, that no elected officer of the township, nor any employee of the Township Board, may serve simultaneously as a member of or as an employee of the Township Zoning Board of Appeals.  Each appointment thereafter shall be for 3 years. 

      (1)   The Township Board shall provide annually in advance for the total amount allowed for the Zoning Board of Appeals for the ensuing year on a per diem basis or as expenses actually incurred in the discharge of their duties.  Members of the Zoning Board of Appeals shall be removable by the Township Board for nonperformance of duty or misconduct in office upon written charges and after public hearing. 

      (2)   The Township Board shall appoint up to 2 alternate members of the Zoning Board of Appeals, under the same terms as regular members.  The alternate member may be called to sit as a regular member in the absence of a regular member who is unable to attend for 2 or more consecutive meetings or for more than 30 consecutive days.  The alternate may also be called to sit when a regular member abstains due to conflict of interest.  The alternate member shall sit on a case until a final decision is made.

   (C)   Meetings, Chairperson and records. Meetings of the Zoning 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; provided 1 meeting shall be held each quarter.  The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses.  All meetings of the Zoning Board of Appeals shall be open to the public.  The Board shall maintain a record of its proceedings, which shall be filed in the office of the Township Clerk and shall be a public record. 

(Ord. § 25.00, passed 5-22-1997; Am. Ord. 397, passed 10-11-2001; Am. Ord. 425, passed - -; Am. Ord. 435, passed 7-9-2009)

   (A)   Appeals shall be taken within such time as shall be prescribed by the Zoning Board of Appeals by general rule, by the filing with the officer from whom the appeal is taken, and with the Zoning Board of Appeals of a notice of appeal, specifying the grounds thereof.  The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken.

   (B)   An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Township Zoning Board of Appeals after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would in his or her 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 Zoning Board of Appeals or by the Circuit Court, on application, on notice to the officer from whom the appeal is taken and on due cause shown.

   (C)   The Township Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal and give notice as required in § 152.165 to the parties, and decide the same within a reasonable time.  Upon the hearing, any party may appear in person or by agent or by attorney.  The Zoning Board of Appeals 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 officer from whom the appeal is taken and may issue or direct the issuance of a permit.  Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Zoning Board of Appeals shall have power in passing upon appeals to vary or modify any of its rules, regulations or provisions so that the spirit of the ordinance shall be observed, public safety secured and substantial justice done.  The decision of the Board shall be final, but any person having an interest affected by any such ordinance shall have the right to appeal to the Circuit Court on questions of law and fact.

   (D)   The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirements, decision or determination of any such administrative official or to approve any application, permit, petition and the like, upon which they are required to pass under this chapter, or to effect any variation in this chapter.  The Board shall state its grounds for each determination.  Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the township, county or state.

(Ord. § 25.01, passed 5-22-1997; Am. Ord. 397, passed 10-11-2001)

   (A)   The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, except as specifically provided for in this section, nor to make any changes in the terms of this chapter, but does have the power to act on those matters where this chapter provides for an administrative review, or interpretation, and to authorize a variance as defined in this section and laws of the State of Michigan. 

   (B)   These powers include:

      (1)   Administrative 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 or

any other administrative official in carrying out or enforcing any provisions of this chapter.

      (2)   Interpretation.  To hear and decide in accordance with the provisions of this chapter:

         (a)   Appeals for the interpretation of the provisions of this chapter; and

         (b)   Requests to determine the precise location of the boundary lines between the zoning districts as they are displayed on the zoning map, when there is dissatisfaction with the decision on the subject.

      (3)   Variances. The Zoning Board of Appeals shall have the power to authorize, upon appeal, specific variances from such dimensional requirements as lot area and width regulations, building height and square foot regulations, yard width and depth regulations, such requirements as off-street parking and loading space and sign regulations, and other similar requirements as specified in the ordinance.  To obtain a variance, the applicant must show “practical difficulty,” by demonstrating:

         (a)   Whether strict compliance with area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose, or would render the conformity unnecessarily burdensome;

         (b)   Whether a variance would do substantial justice to the applicant, as well as to other property owners in the district, or whether a lesser relaxation would give substantial relief and be more consistent with justice to others;

         (c)   Whether the plight of the owner is due to the unique circumstances of the property; and

         (d)   Whether the problem is self-created.

      (4)   Appeals of Planning Commission decisions on site plan review and special condition use requests.

         (a)   The Zoning Board of Appeals is authorized to hear appeals of decisions by the Planning Commission on site plans and the Township Board on special condition use requests.

         (b)   The Zoning Board of Appeals’ authority is limited to review to determine if the Planning Commission or Township Board properly applied the zoning ordinance requirements to the application as presented to them.  For this purpose, the Zoning Board of Appeals should base its considerations on the record created by the body the appeal is taken from, although the Zoning Board of Appeals may supplement that record with additional testimony if necessary.

      (5)   Miscellaneous permits.  The Zoning Board of Appeals may grant permits for temporary uses and activities, where authorized in this chapter and subject to the requirements stated therein, after full consideration of the general intent of this chapter.  Permits shall be required for but not limited to the holding of circuses, carnivals and special events generating large crowds.

      (6)   Exceptions and other special approvals.  The Zoning Board of Appeals shall review and take action on exceptions and special approvals listed below:

         (a)   Permit reconstruction of a nonconforming single-family home in any zoning district as permitted in §§ 152.105, 152.106, 152.107 and 152.108.  The Zoning Board of Appeals may establish setbacks based on the relationship of the subject site to surrounding uses and buildings;

         (b)   Permit construction of accessory structures as permitted in § 152.027 for any nonconforming single-family home site in any zoning district; and

         (c)   Permit an extension of approved plans affected by amendments to this chapter for up to 1 year.

(Ord. § 25.02, passed 5-22-1997; Am. Ord. 397, passed 10-11-2001)