4.1.1 Establishment. There is hereby established a board of appeals in accordance with Act 110 of the Public Acts of 2006 (MCL 125.3101 et seq.) and as same may be amended from time to time. The board of appeals shall perform its duties and exercise its powers in such a way as the objectives of this Ordinance may be equitably achieved; that there shall be provided a means for competent interpretation and controlled flexibility in the application of this Ordinance; that the health, safety and welfare of the public be secured; and that substantial justice be secured.

4.1.2 Membership, terms of office. The township board of appeals shall consist of five (5) members. The first member of such board of appeals shall be a member of the Charter Township Planning Commission; the remaining members of such board of appeals shall be selected and appointed by the township board from the electors residing in the unincorporated area of the township; all members shall be appointed for a term of three (3) years. One (1) member of such board of appeals may be a member of the township board, but such elected officer of the township shall not serve as the chairperson of the board of appeals.

Members of the 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.

All vacancies shall be filled not more than one (1) month after the vacancy occurs.

The township board may appoint not more than two (2) alternate members who are electors of the township for the same terms as regular members. An alternate member may be called as specified to serve as a member of the board of appeals 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 as a member for the purpose of reaching a decision on a case in which the member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the board of appeals.

(Ord. No. 39.104, 1-20-04; Ord. No. 39.132, 7-3-07)

4.2.1 Rules of procedure. The board of appeals shall adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function; however, a quorum of three (3) members must be present in order for business to be conducted. The board shall choose its own chairperson and, in his/her absence, an acting chairperson.

4.2.2 Meetings. Meetings shall be held at the call of the chairperson and at such times as the board of appeals may determine. All meetings by the board of appeals shall be open to the public. The board of appeals may declare any meeting, or part of any meeting, a study meeting to pursue matters of business without comment or interruption from the public in attendance.

4.2.3 Records. Minutes shall be recorded of all proceedings, which shall contain evidence and data relevant to every case considered, together with the votes of the members and the final disposition of each case. Such minutes shall be filed in the office of the township clerk and shall be made available to the general public.

The board of appeals shall select one (1) of its members to act as secretary and all records of the board's action shall be taken and recorded under his/her direction.

4.2.4 Hearings. When a notice of appeal has been filed in proper form with the director of community development, the township staff shall place said request for appeal on the calendar for hearing and, not less than fifteen (15) days before the date of the hearing, shall cause notice of the hearing to be published in a newspaper of general circulation in the township, and a copy of said notice shall be sent to the person requesting a zoning board of appeals interpretation or an appeal. In addition, if a request for an interpretation or appeal of an administrative decision involves a specific parcel, a written notice stating the nature of the requested interpretation or appeal and the time, date and place of the proposed hearing shall be sent by first class mail or personal delivery to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question, and to the occupants of all structures within three hundred (300) feet of the property in question, including those residing outside of the township. The notice must describe the nature of the request, state when and where the request will be considered, indicate when and where comments will be received concerning the request, indicate the property that is the subject of the request, and for a request involving ten (10) or fewer adjacent properties, the notice shall include a listing of all existing street addresses within the property.

Notification need not be given to more than one (1) occupant of a structure, except that, if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different persons, one (1) occupant of each unit or spatial area shall be given notice. If a single structure contains more than four (4) dwelling units or other distinct spatial areas owned or leased by different persons, notice may 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.

Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. The zoning board of appeals may recess such hearings from time to time and, if the time and place of the continued hearing is publicly announced at the time of adjournment of the zoning board of appeals hearing, no further notice shall be required.

4.2.5 Decisions. The zoning board of appeals shall return a decision upon each case within one hundred twenty (120) days after a request or appeal has been filed, unless a further time is agreed upon between the parties concerned. An appeal from a decision of the zoning board of appeals shall be filed within thirty (30) days after the zoning board of appeals issues its decision in writing, signed by the chairperson, if there is a chairperson, or signed by the members of the zoning board of appeals, if there is no chairperson, or within twenty-one (21) days after the zoning board of appeals approves the minutes of its decision.

4.2.6 Majority vote. The concurring vote of a majority of the members of the board of appeals shall be necessary to reverse any order, requirement, decision or determination of the director of community development or to decide in favor of the applicant on any matter upon which they are required to pass under this Ordinance or to effect any variation in this Ordinance.

4.2.7 Conflicts. 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 an appeal originating from 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 or variance requests involving the same property.

(Ord. No. 39.104, 1-20-04; Ord. No. 39.132, 7-3-07; Ord. No. 39.152, § I, 5-31-09)

4.3.1 Filing of appeals. Appeals to the board of appeals may be made by any person aggrieved or by any officer, department, or board of the township.

Any appeal from the ruling of the director of community development concerning the enforcement of the provisions of this Ordinance may be made to the board of appeals within ten (10) days after the date of the mailing of the decision by the director of community development. Such appeal shall be filed with the community development department and shall immediately transmit to the chairperson of the board of appeals all papers constituting the record upon which the action appealed was taken.

4.3.2 Stay. An appeal shall stay all proceedings in furtherance of the action appealed from unless the director of community development certifies to the board of appeals after notice of appeal has been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, 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 board of appeals, or on application, by a court of record.

4.3.3 Fees. A fee as established by the township board of trustees shall be paid to the township at the time of filing applications with the community development department. The purpose of such fee is to cover, in part, the necessary advertisements, investigations and other expenses incurred by the board of appeals in connection with the appeal.

(Ord. No. 39.104, 1-20-04; Ord. No. 39.132, 7-3-07)

The board of appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms or intent of this Ordinance, but does have power to act on those matters where this Ordinance provides for an administrative review, interpretation or variance. The board of appeals shall not hear or decide appeals from decisions relating to special land uses or planned development requests.

4.4.1 Review. The board of appeals shall hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, permit decision, or refusal made by the director of community development, planning commission, or by any other official in administering or enforcing any provisions of this Ordinance.

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

1)

Interpret, upon request, the provisions of this Ordinance in such a way as to carry out the intent and purpose of the Ordinance.

2)

Determine the precise location of the boundary lines between zoning districts.

3)

Classify a use which is not specifically mentioned as part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district.

4)

Determine the off-street parking and loading space requirements of any use not specifically mentioned in article VII, sections 7.1 or 7.2.

4.4.3 Variances. The zoning board of appeals, upon a showing of practical difficulty or difficulties, shall have the power to authorize, upon an appeal, specific variances from such requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, provided that no use variances shall be considered or granted by the zoning board of appeals. The granting of any variance as permitted herein shall be predicated upon a demonstration that all of the basic conditions listed herein and any one (1) of the special conditions listed thereafter can be satisfied.

1)

Basic conditions: That any variance granted from this Ordinance:

a)

Will not be contrary to the public interest or to the intent and purpose of this Ordinance.

b)

Shall not permit the establishment within a district of any use, which is not permitted by right within that zone district, or any use or dimensional variance for which a special use permit is required.

c)

Will not cause a substantial adverse effect upon property values in the immediate vicinity or in the district in which the property of the applicant is located.

d)

Will relate only to property that is under control of the applicant.

2)

Special conditions: When all of the forgoing basic conditions can be satisfied, a variance may be granted when any one (1) of the following special conditions can be clearly demonstrated:

a)

Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape, or topography of the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the same zoning district. Such circumstances or conditions shall not have resulted from any act of the applicant subsequent to the adoption of this Ordinance.

b)

Where such variation is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.

3)

Rules: The following rules shall be applied in the granting of variances:

a)

The zoning board of appeals may specify, in writing, such conditions regarding the character, location and other features that will in its judgment, secure the objectives and purposes of this Ordinance. The breach of any such conditions shall automatically invalidate the permit granted.

b)

Each variance granted under the provisions of this Ordinance shall become null and void unless:

i.

The construction authorized by such variance or permit has been commenced within six (6) months after the granting of the variance. The director of community development may, upon written request, grant no more than two (2), six-month extensions.

ii.

The occupancy of land, premises, or buildings authorized by the variance has taken place within one (1) year after the granting of the variance.

c)

No application for a variance which has been denied wholly or in part by the zoning board of appeals shall be resubmitted for a period of one (1) year from the date of the last denial, except on the grounds of newly discovered evidence or proof of changed conditions found upon inspection by the zoning board of appeals to be valid.

4)

Hearings: Following receipt of a written request for a variance, a public hearing shall be scheduled with notice given as provided in section 4.2.4 (Hearings) of this article.

4.4.4 Special exceptions. When in its judgment the public welfare will be served and the use of neighboring property will not be injured thereby, the board may, in a specific case, after due notice and public hearing and subject to appropriate conditions and safeguards, determine and vary the application of the regulations of this Ordinance in harmony with the general character of the district and the intent and purposes of this Ordinance. The granting of a special exception shall in no way constitute a change in the basic uses permitted in the district affected, nor on the property wherein the exception is permitted.

(Ord. No. 39.104, 1-20-04; Ord. No. 39.108, 1-18-05, eff. 1-30-05; Ord. No. 39.132, 7-3-07; Ord. No. 39.152, § II, 5-31-09)