Sec. 18.01.

(a)

There is thereby created a Zoning Board of Appeals consisting of five members; the first member of such Board shall be a member of the Planning Commission; the second member may be a member of the Township Board; and the remaining members shall be selected and appointed by the Township Board from among the electors residing in the unincorporated area of the Township; provided that an employee or contractor of the legislative body may not serve as a member of the Zoning Board of Appeals. A member of the legislative body may serve as an alternate member of the Zoning Board of Appeals.

(b)

Terms for members of the Zoning Board of Appeals shall be determined by the provisions of the Michigan Zoning Enabling Act, PA 110 of 2006, as amended.

(c)

The Board of Appeals shall elect one of its members as its chairman and one of its members as secretary, and shall prescribe rules for the conduct of its affairs. A member of the legislative body who is a member of the Zoning Board of Appeals shall not serve as chairperson of the Zoning Board of Appeals. Copies of the rules shall be made available to the public at the office of the Township Clerk.

(Amend. of 1-3-1985; Ord. of 1-15-2009)

Sec. 18.02. The Board of Appeals shall have all the powers and duties prescribed by the law and by this Chapter which are more particularly specified as follows:

(a)

Interpretation. Upon appeal from a decision by an administrative official or the Zoning Inspector to decide any question involving the interpretation of an provisions of this Ordinance, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

(b)

Variances. To authorize, upon appeal, a variance or modification of this Ordinance where there are practical difficulties for a non-use variance or unnecessary hardships for a use variance in the way of carrying out the strict letter of this Ordinance so that the spirit of this Ordinance shall be observed, public safety secured, and substantial justice done.

(c)

The Zoning Board of Appeals shall have no jurisdiction or authority over or with regard to any aspect of a determination or decision made with regard to a special land use or planned unit development.

(Ord. of 1-15-2009)

Sec. 18.03. Each member shall receive a reasonable sum as determined by the Township Board for his services in attending each regular or special meeting of said Board; sums to pay said compensation and the expenses of the Board shall be provided annually in advance by the Township Board.

Sec. 18.04. Members of the Board of Appeals may be removed by the Township Board for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing.

(Ord. of 1-15-2009)

Sec. 18.05. Meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as the Board in rules of procedure may specify. The Chairman or, in his absence, the acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of the 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 which shall be a public record.

Sec. 18.06. 

(a)

The presence of three members shall constitute a quorum but 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 any administrative official or to decide in favor of the applicant in any matter upon which it is required to pass under this Ordinance or to effect any variation in such Ordinance.

(b)

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 the same matter that the member voted on as a member of the Planning Commission or the Township Board. The member may consider and vote on the other unrelated matters involving the same property.

(c)

Applications or appeals shall be taken within such time as shall be prescribed by the Board of Appeals by general rule by filing with the Zoning Inspector and with the Board of Appeals a notice of application or appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record from which the application or appeal was taken.

(d)

When an application has been filed in proper form and with the required date, the Secretary of the Board shall place said application or appeal on the calendar for hearing at the next meeting of the Board and cause notice stating the time, place and object of the hearing to be served. Such notice shall be subject to the requirements of PA 110 of 2006 and Section 19.03 of this Ordinance. In the event any property immediately adjacent to said premises shall be part of a different governmental subdivision, the owner of any such property shall nevertheless receive notice, and shall be entitled to be heard.

If the Board of Appeals receives a written request seeking an interpretation of the Zoning Ordinance or an appeal of an administrative decision, the Board of Appeals shall conduct a public hearing on the request. Notice of the public hearing shall be published in a newspaper of general circulation within the Township and shall be sent to the person seeking the interpretation or appeal not less than 15 days before the public hearing. In addition to the newspaper notice required by the above paragraph, 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 and notice of the public hearing on the interpretation request shall also 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.

(e)

Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing.

(f)

Upon the hearing, any party may be heard in person or by agent or attorney.

(g)

The Board 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 was taken and may issue or direct the issuance of a permit.

(h)

The decision of the Board of Appeals shall be final. The Board of Appeals shall state the grounds of any determination made by the Board. Any party aggrieved by any such decision may appeal to the Circuit Court for Allegan County, as provided under PA 110 of 2006 as amended. The records of the Zoning Board of Appeals shall be made available for the court's review. Such appeal shall be filed within 30 days after the Zoning Board of Appeals issues its decision in writing signed by the chairperson, or 21 days after the Zoning Board of Appeals approves the minutes of the decision.

(i)

[Former (h)] Deleted January 3, 1985.

(Amend. of 1-3-1985; Ord. of 1-15-2009)

Sec. 18.07. An appeal says all proceedings in furtherance of the action appealed from unless the Zoning Inspector certifies to the Board of Appeals after the notice of appeal shall have been filed with him that, by 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 stated otherwise than by a restraining order which may be granted by the Board of Appeals or by the Circuit Court, on application, on notice to the Zoning Inspector, and on due cause shown.

Sec. 18.08. In authorizing a variance or exception, the Board may, in addition to the conditions of approval called for in this Ordinance, attach thereto such other conditions regarding the location, character, landscaping or treatment reasonably necessary to the furtherance of the intent and spirit of this Ordinance and the protection of the public interest including the right to authorize such variance or exception for a limited period of time.

Sec. 18.09. Any variance or exception granted by the Board of Appeals shall automatically become null and void after a period of 12 months from the date granted unless the applicant shall have taken substantial steps towards effecting the variance within said period; provided, however, that the Board of Appeals may extend such period for a further period of time not exceeding one year upon application and without further notice.

Sec. 18.10. Where there are practical difficulties in carrying out the strict letter of this Ordinance, the Board of Appeals shall have power to vary or modify any of the provisions hereof so that the spirit of the Ordinance shall be observed, public safety promoted and substantial justice done. The Board of Appeals may grant such variances only upon finding that all of the following conditions exist.

(a)

Where it is alleged that, by reason of the exceptional narrowness, shallowness or shape of a specific parcel of property or by reason of exceptional topographic conditions or other extraordinary situation of the land or structure or of the use of property immediately adjoining the property in question, the literal enforcement of this Ordinance would involve practical difficulties, provided that the Board of Appeals shall not grant a variance on a lot if the owner or members of his family own or owned adjacent land which could be included as part of the lot.

(b)

Where it is alleged that there is practical difficulty in carrying out the strict letter of this Ordinance and a request made to vary such regulations, so that the spirit of this Ordinance shall be observed, public safety secured and substantial justice done.

(c)

Where it is alleged that the condition or situation of the specific piece of property or the intended use of said property for which the variance is sought is not so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such condition or situation in this Ordinance.

(Ord. of 1-15-2009)

Sec. 18.11. No variance in the provisions or requirements of this Ordinance shall be affected by the Board of Appeals unless it finds from reasonable evidence that such variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this Ordinance or of the public health, safety and welfare, and, further, that at least two of the following facts and conditions exist:

(a)

That there are exceptional or extraordinary circumstances or conditions applying to the specific property that do not apply generally to other properties in the same zone.

(b)

That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the zone, provided that increased financial return shall not be deemed sufficient to warrant a variance.

(c)

That a condition or situation of the specific property or the intended use is not of so general or recurrent a nature as to make reasonably practical a general regulation as part of this Zoning Ordinance.

(Ord. of 1-15-2009)

Sec. 18.11A. An application for a land use variance to permit a use not otherwise permitted in that zoning district may be considered by the Board but only according to the following procedures:

(1)

The applicant must file an application for a use variance according to the procedures herein for a non-use variance along with an application fee paid in accordance with the fee schedule established by the Township Board.

(2)

The variance request shall be considered by the Board in accordance with the hearing procedures set forth in this chapter.

(3)

In order to approve a use variance request, 2/3 of the members of the Board (three members) must first determine that an unnecessary hardship exists and that the variance request meets all of the following conditions:

a.

That the property cannot reasonably be used in a manner consistent with existing zoning.

b.

That the plight is due to unique circumstances peculiar to the property and not to general neighborhood conditions.

c.

That the use would not alter the essential character of the area.

d.

That the problem is not self created.

Further, the Board must ensure that the spirit of this chapter is observed, public safety secured and substantial justice done.

(4)

In granting a use variance, the Board may prescribe reasonable conditions and safeguards necessary to meet the spirit and intent of this chapter.

(Ord. of 1-15-2009)

Sec. 18.12. In considering any applications, the Board of Appeals shall review the case within the intent of the Ordinance. Before granting a variance, the Board of Appeals shall determine whether the variance would be unduly hazardous or a nuisance to the surrounding neighborhood by reason of noise, atmospheric pollution, vibration, glare, fire potential, parking, traffic, aesthetic effect, devaluation of property values or psychological effects. For such purpose, the Board may require the appellant to enlist experts, technicians and consultants. The Board may impose such additional requirements and conditions necessary to preserve the intent of this Ordinance as provided in Section 18.08.