There is hereby created a Zoning Board of Appeals (ZBA) which shall perform its duties and exercise its powers as provided in Public Act 110 of 2006 (MCL 125.3601 et seq.), and in such a way that the objectives of this Ordinance shall be observed, public safety secured, and substantial justice done. The Zoning Board of Appeals shall consist of the following three members appointed by the Township Board:

1.

The first member shall be a member of the Township Planning Commission who shall serve for his/her term of Planning Commission office.

2.

The remaining members of the Zoning Board of Appeals shall be selected from the electors of the township residing outside of the incorporated cities and villages. The members selected shall be representative of the population distribution and the various interests present in the township. One member may be a member of the Township Board who shall serve for his/her term of Township Board office. An elected officer of the township shall not serve as chairperson of the Zoning Board of Appeals. An employee or contractor of the Township Board may not serve as a member of the Zoning Board of Appeals.

3.

Terms 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 the planning commission or township board respectively, and the period stated in the resolution appointing them. When members are first appointed, the appointments may be for less than three (3) years to provide for staggered terms. 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.

4.

The Township Board may appoint not more than two (2) alternate members for the same term as regular members to the board. The alternate member(s) has the same voting rights as a regular member of the board when serving. The alternate member appointed to a case shall serve in the case until a final decision is made. An alternate member may be call to serve as a regular member of the board if;

a.

The regular member is absent from or will be unable to attend one (1) or more meetings, or

b.

A regular member needs to abstain for reasons of conflict of interest.

(Ord. of 7-25-07)

A member of the Zoning Board of Appeals may be removed by the legislative body for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a 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. of 7-25-07)

All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at other times as the Board within its rules of procedure may specify. All hearings conducted by said Board shall be open to the public.

The Zoning Board of Appeals shall maintain a record of its proceedings which shall be filed in the office of the Township Clerk.

A Zoning Board of Appeals shall not conduct business unless a majority of the regular members of the Board is present.

(Ord. of 7-25-07)

The Zoning Board of Appeals shall have the following powers, areas of jurisdiction, and procedures.

1.

It shall hear and decide appeals taken by a person aggrieved or by an officer, department, board, or bureau of the state or local unit of government. In addition, a variance in the zoning ordinance may be applied for and granted under section 4 of the uniform condemnation procedures act, 1980 PA 87, MCL 213.54, and as provided under this act. The Zoning Board of Appeals shall state the grounds of any determination made by the Board.

2.

An appeal under this Article 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 (e.g. Zoning Administrator) from whom the appeal is taken and with the Zoning Board of Appeals of a notice of appeal specifying the grounds for the appeal. The body or officer (e.g. Zoning Administrator) from whom the appeal is taken shall immediately transmit to the Zoning Board of Appeals all of the papers and other documents constituting the record upon which the action appealed from was taken.

3.

An appeal to the Zoning Board of Appeals stays all proceedings in furtherance of the action appealed from, unless the body or officer from whom the appeal is taken certifies to the Zoning Board of Appeals after the notice of appeal is filed that, by reason of facts stated in the certificate, a stay would in the opinion of the body or officer (e.g. Zoning Administrator) cause imminent peril to life or property, in which case proceedings may be stayed by a restraining order issued by the Zoning Board of Appeals or a circuit court.

4.

Following receipt of a written request for a variance, the Zoning Board of Appeals shall fix a reasonable time for the hearing of the request and give notice as provided in section 103 of PA 110 of 2006 [MCL 125.3103].

5.

Upon receipt of a written request seeking an interpretation of the zoning ordinance or an appeal of an administrative decision, a notice stating the time, date, and place of the public hearing shall be published in a newspaper of general circulation within the township and shall be sent to the person requesting the interpretation or appeal not less than 15 days before the public hearing. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation request or appeal and the time, date, and place of the public hearing on the same shall be sent by first-class mail or personal delivery 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 of the boundary of the property in question. If a tenant's name is not known, the term "occupant" may be used.

An interpretation request may include a decision(s) regarding the fixing of use districts as shown upon the zoning map where street layout actually on the ground varies from the street layout as shown on the zoning map or where there may be other basis for interpretation of the zoning map.

6.

At the hearing, a party may appear in person or by agent or attorney. A party may submit testimony and/or comment in writing. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination and may issue or direct the issuance of a permit.

7.

If there are practical difficulties for nonuse variances (e.g. dimensional variances) as provided in subsection 8. or unnecessary hardship (See definition of hardship) for use variances as provided in subsection 9. in the way of carrying out the strict letter of the zoning ordinance, the Zoning Board of Appeals may grant a variance in accordance with this section, so that the spirit of the zoning ordinance is observed, public safety secured, and substantial justice is done. The ordinance herein establishes procedures for the review and standards for approval of all types of variances. The Zoning Board of Appeals may impose conditions as is otherwise allowed under PA 110 of 2006.

a.

Procedures.

(1.)

The Zoning Administrator shall first require a complete legal description of the property which is the subject of the request in order to provide for proper public notice.

(2.)

Fees. The Township Board may from time to time prescribe and amend by resolution a schedule of fees to be charged to applicants for appeals to the Zoning Board of Appeals. At the time the request for appeal is filed said fee shall be paid to the Secretary of the Zoning Board of Appeals, which the Secretary shall forthwith pay over to the Township Treasurer to the credit of the general revenue fund of the Township of Cottrellville.

(3.)

The Zoning Board of Appeals shall adopt its own rules of procedure and keep a record of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating said fact; and shall file a record of its proceedings in the office of the Township Clerk, and shall be public record.

(4.)

The concurring vote of a majority of the members 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 the applicant on a matter upon which the Zoning Board of Appeals is required to pass under the zoning ordinance, or to grant a variance in the zoning ordinance, except as provided in subsection 10. below.

(5.)

The chairperson, or in his or her absence, the acting chairperson may administer oaths and compel the attendance of witnesses.

(6.)

In deciding upon a request for a variance or interpretation, the Board shall state in writing the grounds upon which it justifies its decision.

b.

Standards for Dimensional Variances.

(1.)

The property is characterized by exceptional narrowness, shallowness, shape or area of a specific piece of property at the time the zoning ordinance became effective.

(2.)

The property possesses exceptional topographic conditions, (e.g. rock outcrop, a wetland or water feature that would prevent normal property development which cannot otherwise be overcome without a variance, etc.) or other extraordinary or exceptional condition(s) (e.g. an existing utility easement) of the subject property.

(3.)

None of the condition(s) which give rise to the request may be self-created by the applicant or past property owner after the effective date of the zoning ordinance.

(4.)

The strict application of the ordinance would result in peculiar or exceptional practical difficulty(ies).

(5.)

The proposed variance will not substantially harm the public good or substantially impair the intent and purposes of the zoning ordinance.

8.

The Zoning Board of Appeals shall have the authority to grant nonuse variances relating; to the construction, structural changes, or alteration of buildings or structures related to dimensional requirements (height, area, etc.) of the zoning ordinance or to any other nonuse related standard in the ordinance.

9.

The authority to grant variances from uses of land is limited to the following:

a.

Permit the erection and use of a building or use of premises for public utility purposes.

b.

Permit temporary buildings and uses for periods not to exceed six (6) months.

c.

Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district and which do not require the erection of any capital improvement of a structural nature, not to exceed twelve (12) months with the granting of a twelve (12) month extension(s) being permissible. The Zoning Board of Appeals, in granting permits for the above temporary uses, shall only do so under the following conditions:

(1.)

The 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.

(2.)

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

(3.)

All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, and general welfare of the inhabitants of the Township of Cottrellville, shall be established or modified at the discretion of the Zoning Board of Appeals.

(4.)

In classifying uses as not requiring capital improvement, the Zoning Board of Appeals shall determine that said uses are either demountable structures related to the permitted use of the land; recreational 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.

(5.)

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

(6.)

No temporary use permit shall be granted without first giving notice as provided in section 103 of PA 110 of 2006 [MCL 125.3103].

10.

The authority granted under subsection 9. is subject to the township zoning ordinance otherwise being in compliance with subsection 7. and a two-thirds (2/3) vote of the members of the Zoning Board of Appeals being necessary to approve a use variance.

11.

Designation of Class A nonconforming uses and structures. The Zoning Board of Appeals may designate, revoke, extend, and authorize a change in a Class A nonconforming use and/or structure in accordance with the provisions of Section 132.1403.

(Ord. of 7-25-07)

The decision of the Zoning Board of Appeals shall be final. A party aggrieved by the decision may appeal to the circuit court for the county in which the property is located as provided under section 606 of PA 110 of 2006 [MCL 125.3606].

(Ord. of 7-25-07)