There shall be a Township of East China Zoning Board of Appeals appointed by the Township Board as prescribed or delegated to it under specific provisions of this chapter. The Zoning Board of Appeals shall consist of five members.

Term of membership. The term of each member of the Zoning Board of Appeals shall be for three 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.

Officers. The members of the Zoning Board of Appeals shall annually elect a Chairperson, Vice Chairperson, and Secretary. An elected officer of the Township shall not serve as Chairperson of the Zoning Board of Appeals.

At the call of the Chairperson. All meetings of the Township 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.

Hearings open to public. The Board shall make no recommendation except in a specific case and after a public hearing conducted by the Board. All hearings conducted by said Board shall be open to the public.

Notify interested parties. It shall, by general rule or in specific cases, determine the interested parties who, in the opinion of the Board, may be affected by any matter brought before it, which shall in all cases include all owners of record of property and the occupants of all single-family and two-family dwellings within 300 feet of the premises in question, such notices to be delivered personally or by mail addresses to the respective owners at the address given in the last assessment roll. If the tenant’s name is not known, the term “occupant” may be used. The Board may require any party applying to the Board for relief to give such notice to other interested parties as it shall prescribe.

Subpoena power; administering of oaths. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

Concurring majority vote required. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirements, decision, or determination of the Building Official, or to decide in favor of an applicant any matter upon which it is required to pass under this chapter or to effect any variation in this chapter.

Adopt procedure rules; record proceeding. The 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, which shall be a public record.

Right to appeal. An appeal may be taken to the Board of Appeals by any person, firm or corporation, or by any officer, department, board, or bureau affected by a decision of the Building Official.

Procedure for appeal.

Voluntary versus court-ordered stay. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Official certifies to the Board of Appeals after notice of appeal has 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 the proceedings shall not be stayed, otherwise than by a restraining order which may be granted by a court of record.

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.

To hear and decide, in accordance with the provisions of this chapter, requests for exceptions, for interpretations of the Zoning Map, and for decisions on special approval situations on which this chapter specifically authorizes the Board to pass. Any exception or special approval shall be subject to such condition as the Board may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of this chapter, including the following:

Variance. Upon an appeal, a variance from the strict applications of the provisions of this chapter may be granted by the Zoning Board of Appeals when strict enforcement of this chapter would cause undue hardship or practical difficulty owing to circumstances unique to the individual property on which the variance is granted. Unique circumstances to a specific piece of property may include exceptional narrowness, shallowness, shape, area or exceptional topographic conditions that existed at the time of enactment of this chapter. Relief may be granted, provided it does not cause substantial detriment to the public good and does not substantially impair the intent and purpose of this chapter.

Erection of a building. No order of the Board permitting the erection of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

Use of a building or premises. No order of the Board permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.