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Egelston Township City Zoning Code

ARTICLE XIX

Zoning Board of Appeals

§ 450-1901 Functions and authority.

The Zoning Board of Appeals shall hear all appeals under this chapter, and further shall have a co-function of interpreting this chapter, making decisions on matters coming within its jurisdiction and instructing the Building Inspector as to enforcement of its decisions. It shall further act on controversial questions as they may arise in the administration of this chapter, including the final interpretation of Zoning Maps. It may fix rules and regulations to govern its own procedures sitting as a Board of Appeals. It shall hear and decide appeals from and review any order, requirements, decisions, or determination made by an administrative or other Township official charged with the enforcement of this chapter. It shall also hear and decide all matters referred to it, or upon which it is required to pass, under this chapter. 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 such administrative official, or to decide in favor of the applicant any matter upon which they are required to pass, under this chapter, or to effect any variation in the ordinance. Such appeal may be taken by any person aggrieved or by an officer, department, board, or bureau of the Township, County of Muskegon or State of Michigan. The grounds of every such determination shall be stated in writing.

§ 450-1902 Purpose.

[Amended 3-2-2009]
The Zoning Board of Appeals is intended to relieve hardship cases and perform specific duties given them by the Township Board through this chapter.

§ 450-1903 Membership and meetings.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The Zoning Board of Appeals shall consist of five members. The first member of the Zoning Board of Appeals shall be a member of the Township Planning Commission. A second member shall be a member of the Township Board, who may not serve as chairperson of the Board of Appeals. The remaining three members shall be selected by the Township Board from the electors of the Township residing outside of any incorporated city or village. The members other than the Planning Commission members shall be representative of the population distribution and of the various interests present in the Township. No employee or contractor of the Township Board may be a member or serve as an employee of the Township Board of Appeals. Members shall be appointed by the Township Board and may be removable by the Township Board for nonperformance of duty or misconduct in office upon written charges and after public hearing. The Zoning Board of Appeals shall hold meetings, perform their functions and hold terms and be compensated as set forth in Section 601 of Act 110 of the Public Acts of 2006 (MCL 125.3601), as amended.

§ 450-1904 Functions and effects of decisions.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The Egelston Township Zoning Board of Appeals is organized in accordance with the requirements of the Zoning Enabling Act, Act 110 of the Public Acts of 2006, specifically MCL 125.3601 et seq. The Board of Appeals shall function, therefore, in accordance with those sections of the state law as they may be amended from time to time, and the standards set forth in the statute shall be the standards of the Zoning Board of Appeals.

§ 450-1905 Fees.

[Amended 12-3-2007]
Application for any appeal or hearing requiring Zoning Board of Appeals action shall be in writing and accompanied with a fee as determined by resolution of the Township Board.