The office of the zoning administrator is hereby established. The zoning administrator shall be appointed by the township board and shall serve at its pleasure. He shall receive such compensation as the township board may, from time to time determine. The zoning administrator may also serve in some other capacity as an employee or appointed officer of the township. He shall administer the provisions of this chapter and shall have all administrative powers in connection therewith which are not specifically assigned to some other officer or body. He shall have no power to vary or waive ordinance requirements.

(Ord. No. 62, § 7-18.01, 8-11-1984)

Cross reference— Officers and employees, § 2-61 et seq.

(a)

Hereafter, no land use shall be commenced or changed and no structure shall be erected or enlarged until the person conducting such use or erection or enlarging such structure has obtained a zoning compliance permit from the zoning administrator. The zoning administrator shall issue such permit upon the furnishing in writing, over the signature of the applicant, of such information as may be necessary to establish that the proposed use, structure or addition is in full compliance with all provisions of this chapter, a finding by the zoning administrator that such is the case and payment of a permit fee in accordance with a fee schedule as may be set forth from time to time by the township board.

(b)

No zoning compliance permit shall be issued where it appears that any land area required to conform to any provision of this chapter is also required as a part of any adjoining property to keep the development of use thereof in conformity with this chapter, or to keep it from becoming more nonconforming, if such land area was, at any time subsequent to the start of development or use of such adjoining property, in common ownership with such adjoining property.

(c)

Any zoning compliance permit based on any material false statement In the application or supporting documents is absolutely void ab initio and shall be revoked.

(d)

No zoning compliance permit shall remain valid if the use or structure it authorizes becomes nonconforming.

(Ord. No. 62, § 7-18.02, 8-11-1984)

(a)

No permanent certificate of occupancy shall be issued under the single state construction code of the township until all requirements of this chapter have been met. A temporary certificate may be issued under circumstances where expressly permitted by this chapter.

(b)

All certificates of occupancy issued by the building inspector shall also bear the signature of the zoning administrator certifying that all requirements of this chapter have in fact been met and that he has made a field inspection to ascertain the same.

(c)

In cases where certificates of occupancy are not required under the single state construction code, such as in the case of farm buildings, the zoning administrator shall nevertheless issue a certificate of occupancy for zoning purposes certifying that the structure or use has been established or erected in compliance with the terms of the zoning compliance permit and/or approved site plan.

(Ord. No. 62, § 7-18.03, 8-11-1984)

The zoning administrator shall keep in his office a book, to be known as the special zoning orders book, in which he shall list, with a brief description, all variances, special approval use permits, authorizations for planned unit developments, designations of class A nonconformance and any terminations of any of them. Each item shall be assigned a number when entered. The zoning administrator shall also keep a map of the township, to be known as the special zoning orders map, on which he shall record the numbers in the special zoning orders book to indicate the locations affected by the items in the book. The special zoning orders book and map shall be open to public inspection.

(Ord. No. 62, § 7-18.04, 8-11-1984)

Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter shall be collected by the zoning administrator in advance of issuance. The amount of such fees shall be established by resolution of the township board and shall cover the cost of inspection and supervision resulting from enforcement of this chapter.

(Ord. No. 62, § 7-18.05, 8-11-1984)

It is recognized by this chapter that there is a value to the public in establishing safe and convenient traffic movement to higher density sites, both within the site and in relation to access streets; that there is value in encouraging a harmonious relationship of buildings and uses; further that there are benefits to the public in conserving natural resources. Toward this end, this chapter requires site plan review by the planning commission for certain buildings and structures than can be expected to have a significant impact in natural resources, traffic patterns, and on adjacent land usage.

(1)

Buildings, structures, and uses requiring site plan.

a.

A multiple-family building containing three or more dwelling units.

b.

More than one multiple-family building on a lot, parcel, or tract by land, or on a combination of lots under one ownership.

c.

A mobile home park or condominium project.

d.

All commercial, office, or institutional buildings.

e.

All commercial buildings.

f.

Any building or use requiring special approval.

g.

An expansion of any of the above uses or a change from an existing of use to a dissimilar use which may have different zoning requirements, except that planning commission review may be waived and the site plan approved by the zoning administrator when, in the opinion of the township planner, the change in use will not involve changes substantial enough to warrant planning commission review.

(2)

Application and fee for site plan review. Any person may file a request for a site plan review by the planning commission by filing with the township clerk the complete application upon the forms furnished by the clerk. The applicant shall file at least 11 copies of a site plan.

(3)

Planning commission review of site plan. Upon receipt of such application from the clerk, the planning commission shall undertake a study of the same and shall, within 60 days, approve or disapprove such site plan advising the applicant in writing of the recommendation, including any changes or modifications in the proposed site plan as are need to achieve conformity to the standards specified in this chapter.

(4)

Required data for detailed site plan.

a.

The site plan shall be of a scale not greater than one inch equals 20 feet, and not less than one inch equal 200 feet, and of such accuracy that the planning commission can readily interpret the site plan, and shall include more than one drawing when required for clarity.

b.

The property shall be identified by lot lines and location, including dimensions, angles, and size, and correlated with the legal description of such property. Such plan shall further include the name and address of the property owner, and developer. The site plan shall bear at least one or more seals of an architect or professional engineer licensed to practice in the state.

c.

The site plan shall show scale; north point; boundary dimensions; topography (at least two-foot contour intervals); and natural features, such as woodlots, streams, rivers, lakes, drains, and similar features.

d.

The site plan shall show existing manmade features, such as buildings; structures; high tension towers; pipelines; and existing utilities, such as water and sewer lines, excavations, bridges, culverts, drains, and easements; and shall identify adjacent properties and their existing uses.

e.

The site plan shall show the location, proposed finished floor and grade line elevations, size of proposed principal and accessory buildings, their relation one to another and to any existing structures on the site, the height of all buildings, and square footage of floor space. Site plans for residential development shall include a density schedule showing the number of dwelling units per net acre, including a dwelling schedule showing the unit type and number of each unit type.

f.

The site plan shall show the proposed streets, driveways, sidewalks, and other vehicular and pedestrian circulation features within and adjacent to the site; also, the location, size and number of parking spaces in the off-street parking area, and the identification of service lanes and service parking.

g.

The site plan shall show the proposed location, use, and size of open spaces; and the location of any landscaping, fences, or walls on the site. The site plan shall further show any proposed location of connections of existing utilities and proposed extension thereof.

h.

A vicinity map shall be submitted showing the location of the site in relation to the surrounding street system.

(5)

Requirements for mobile home park or mobile home condominium project site plans. As the mobile home commission of the state has authority over most aspects of mobile home parks and condominium projects, these are exempted from the requirements of subsection (4) of this section. The township planning commission shall approve the proposed site plan for a mobile home park or condominium project, provided that the following requirements are met:

a.

There shall be two entrances or one entrance and one exit for motor vehicle traffic.

b.

The park or project shall be located with direct access to a major thoroughfare.

c.

The setback requirements provided in division 12, article III of this chapter are met.

d.

The frontage requirements provided in section 38-613.

(6)

Standards for site plan review. In reviewing the site plan, the planning commission shall ascertain whether the proposed site plan is consistent with all regulations of this chapter, and that the applicant has in the proposed site plan, met all the criteria set forth in subsection (4) of this section, or in the case of proposed mobile home park or mobile home condominium, meet all the criteria set forth in subsection (5) of this section.

(7)

Approval of site plan. Upon the planning commission's recommended approval of a site plan, the applicant shall file with the planning commission one copy thereof. The clerk shall within ten days transmit to the building inspector one copy certifying that such approved site plan conforms to the provisions of this chapter as determined. If the site plan is disapproved by the planning commission, notification of such disapproval shall be given to the applicant within ten days after such commission action. The building inspector shall not issue a building permit until he has received a certified approval site plan.

(8)

Expiration of site plan certificate. The site plan certificate shall expire, and be of no effect 365 days after the date of issuance thereof, unless within such time the building inspector has issued a building permit for any proposed work authorized under the site plan.

(9)

Amendment and revision of site plan. A site plan and site plan certificate, issued thereof, may be amended by the planning commission upon the request of the applicant. Such amendment shall be made upon the application and in accordance with the procedure of this section.

(Ord. No. 62, § 7-18.06, 8-11-1984)

State Law reference— Site plans, MCL 125.286e.

(a)

To ensure compliance with a zoning ordinance and any conditions imposed under such ordinance, the township board, after recommendation from the township planning commission and the township engineer, may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the township covering the estimated cost of improvements associated with a project for which site plan approval is sought be deposited with the clerk of the township to ensure faithful completion of the improvements. The township engineer shall estimate the cost of the improvements. The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project. The township may not require the deposit of the performance guarantee prior the time when the township is prepared to issue the permit. The township shall establish procedures whereby a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements will be made as work progresses.

(b)

This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited pursuant to Public Act No. 288 of 1967 (MCL 560.101 et seq.).

(c)

As used in this section, the term "improvements" means those features and logo actions associated with a project which are considered necessary by the body or official granting zoning approval in order to protect natural resources; the health, safety, and welfare of the residents of the township; and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage. The term "improvements" does not include the entire project which is the subject of zoning approval. If any portion of the required improvements is not completed or does not meet construction standards within the allocated time period, the planning commission shall declare security has been pledged as forfeit. Where the planning commission is not already in possession of such guarantee, it shall immediately take the actions necessary to obtain it. Upon receipt of theses securities, the planning commission shall use them, or receipts from their sale if that is necessary, to finance the completion of contracted improvements or the rebuilding of such improvements to the proper specifications. Unused portions of these securities shall be returned to the subdivider, bonding company, or crediting institution, as is appropriate. Upon acceptance of the final portion of improvement, the township shall authorize the release of the remaining portion of the performance guarantee. No action or inaction by the township in respect to any required improvement shall serve to extend the time of validity of any temporary certificate of occupancy or excuse any violation of this chapter. A temporary certificate of occupancy may, however, be extended in time, and from time to time, for good cause shown. Any such extension shall serve to extend for the same period the time for completion of the required site improvements.

(Ord. No. 62, § 7-18.07, 8-11-1984)

(a)

Single-family dwellings and two-family dwellings are exempt from the site plan review requirements set forth in section 38-46. However, in order to ensure that lot and setback requirements are complied with, all applications for building permits for the construction of new single and two-family residential dwellings and additions to single and two-family residential dwellings that exceed 1,200 square feet shall be accompanied by a professionally prepared property survey drawn to scale, showing the following:

(1)

The actual shape, location, and dimensions of the property, utility lines, rights-of-way, public and private easements, fences, driveways, parking areas, and high risk erosion areas.

(2)

The shape, size, and location of all existing and proposed buildings or other structures to be erected, altered, or moved.

(3)

Setbacks from all property lines, the nearest fire hydrant, rights-of-ways, drains, ponds, the outermost point (including overhangs, gutters, chimneys, architectural features) of existing and proposed structures, and structures on adjoining lots.

(4)

Existing and proposed elevations and finished grade.

(5)

If the property is located within a flood zone, either proof of removal from the flood zone or a professionally prepared elevation certificate must be provided.

(6)

The existing and intended use of the property and of all such structures upon it.

(7)

Such other information concerning the property, and adjoining properties, as may be essential for determining whether the provisions of this chapter are being met.

(8)

Prior to the issuance of a final occupancy certificate, a professionally prepared as-built survey must be submitted to the building department showing items required by sections (1) through (7), above.

(b)

Farm buildings and other residential construction requiring only a zoning compliance permit are exempt from the site plan review requirements set forth in section 38-46. However, in order to ensure that lot and setback requirements are complied with, all applications for building permits for farm buildings and all zoning compliance permits shall be accompanied by a plot plan prepared by the applicant/owner or a professional survey or mortgage survey, all drawn to scale, showing the following:

(1)

The actual shape, location, and dimensions of the property, utility lines, rights-of-way, public and private easements, fences, driveways, parking areas, and high risk erosion areas.

(2)

The shape, size, and location of all existing and proposed buildings or other structures to be erected, altered, or moved.

(3)

Setbacks from all property lines, the nearest fire hydrant, rights-of-ways, drains, ponds, the outermost point (including overhangs, gutters, chimneys, architectural features) of existing and proposed structures, and structures on adjoining lots.

(4)

If the property is located within a flood zone, either proof of removal from the flood zone or a professionally prepared elevation certificate may be required.

(5)

Such other information concerning the property, and adjoining properties, as may be essential for determining whether the provisions of this chapter are being met.

(Ord. No. 62, § 7-18.08, 8-11-1984; Ord. No. 212, § 1, 8-19-2015)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Traffic impact study means a complete analysis and assessment of traffic generated by a proposed development and of the impact on the surrounding transportation system. The study shall be complete and sealed by a licensed professional engineer.

(b)

When study required. A traffic impact study is required for any proposed development expected to generate over 100 peak hour directional trips. The following table gives examples of land use that is expected to meet or exceed the 100 peak hour directional trip threshold. The township zoning administrator will inform the developer of the required impact study.

Examples of Land Use Size Thresholds
Based on Trip Generation Characteristics

(c)

Review and approval. When required, the traffic impact study shall be reviewed and approved by the township planning commission prior to approval of the site plan for the development. The township planning commission may engage the services of a professional traffic engineer to review the traffic impact study and make comments and recommendations. The applicant shall bear all reasonable expenses incurred by the township in relation to such review.

(d)

Contents of study. A traffic impact study should include:

(1)

A narrative summary at the beginning of the report including, but not limited to:

a.

The applicant and project name;

b.

A location map;

c.

The size and type of development; and

d.

Generated traffic volumes based on type and size of land use which are compatible with those listed in the Institute of Transportation Engineers' publication Trip Generation (current edition).

(2)

Project phasing Identifying the year of development activities per phase and proposed access plan for each phase.

(3)

A transportation system inventory, which describes the physical, functional and operational characteristics of the study area highway system and where appropriate, locate transit services. The description should provide, where pertinent, data on:

a.

Peak hour volumes (existing and projected);

b.

Number of lanes;

c.

Cross section;

d.

Intersection traffic signals and configuration;

e.

Traffic signal progression;

f.

Percentage of heavy trucks;

g.

Adjacent access point locations;

h.

Jurisdiction; and

i.

Grades.

(4)

A plan showing proposed roadway per phase for each access. Driveway design and roadway improvements shall meet state department of transportation or county road commission standards and guides, as applicable.

(5)

Capacity analysis shall be performed at each access point. Default values shall not be used when actual values are reasonably available or obtainable. The interaction of conflicting traffic movements shall be addressed in the traffic impact study. Any proposed signalized access within one-half mile of an existing signalized intersection shall be analyzed in coordination with the existing signal timing.

(6)

A traffic impact study shall be analyzed with and without the proposed development on the existing system; and with the proposed development for both existing and projected traffic volumes. The traffic volumes for the development shall assume a total build out. The completed analysis shall be summarized in a table showing all the measures of effectiveness (MOE) for all of the above conditions.

(7)

Required operational changes shall be part of the site plan approval and driveway permit approval process.

(Ord. No. 141, § 7-18.09, 2-18-1998)

(a)

Any person violating any of the provisions of this chapter shall be guilty of a municipal civil infraction.

(b)

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of the ordinance from which this chapter is derived and in violation of any of its provisions is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(c)

The owner of any building, structure or premises or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and, upon conviction thereof, shall be liable to the fines and imprisonment provided in this section.

(d)

A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.

(e)

The rights and remedies provided in this section are cumulative and in addition to any other remedies provided by law.

(Ord. No. 62, ch. 7-23, 8-11-1984)

There is hereby created a zoning board of appeals, which shall perform its duties and exercise its powers as provided in section 18 of Public Act No. 184 of 1943 (MCL 125.288) and in such a way that the objectives of this chapter shall be observed, public safety secured and substantial justice done. The zoning board of appeals shall consist of the following five members:

(1)

The first member shall be a member of the township planning commission, for the term of his office.

(2)

The second member may be a member of the township board, appointed by the township board for the term of his office.

(3)

The next three members shall be selected and appointed by the township board from among the electors, residing in the unincorporated area of the township, for a period of three years; provided, however, that no employee or contractor of the township may serve on the zoning board of appeals or be an employee of it. An elected officer of the township may not be a chairman of the zoning board of appeals.

(Ord. No. 62, § 7-19.01, 8-11-1984)

All meetings of the zoning board of appeals shall be held at the call of the chairman and at other times as the zoning board, in its rules of procedure, may specify. All hearings conducted by such zoning board shall be open to the public. 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 such fact; and shall file a record of its concurring vote of 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 or to decide in favor of an applicant any matter upon which they are required to pass under this chapter or to effect any variation in this chapter. 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.

(Ord. No. 62, § 7-19.02, 8-11-1984)

(a)

An appeal may be taken to the zoning board of appeals by any person or by any officer, department, board or bureau affected by a decision of the zoning administrator or the planning commission. Such appeal shall be made within such time as shall be prescribed by the zoning board of appeals by general rule, by filing with the zoning administrator and with the zoning board of appeals a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the zoning board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the zoning 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.

(b)

The zoning board of appeals shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision of the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

(c)

A written application as provided by the Charter Township of Fort Gratiot must be filed with the zoning board of appeals. The provided form must be accompanied by a professionally prepared survey and must include the following:

(1)

The actual shape, location, and dimensions of the property, utility lines, rights-of-way, public and private easements, fences, driveways, parking areas, and high risk erosion areas.

(2)

The shape, size, and location of all existing and proposed buildings or other structures to be erected, altered, or moved.

(3)

Setbacks from all property lines, the nearest fire hydrant, rights-of-ways, drains, ponds, the outermost point (including overhangs, gutters, chimneys, architectural features) of existing and proposed structures, and structures on adjoining lots.

(4)

Existing and proposed elevations and finished grade.

(5)

If the property is located within a flood zone, either proof of removal from the flood zone or a professionally prepared elevation certificate must be provided.

(6)

The existing and intended use of the property and of all such structures upon it.

(7)

Such other information concerning the property, and adjoining properties, as may be essential for determining whether the provisions of this chapter are being met.

(Ord. No. 62, § 7-19.03, 8-11-1984; Ord. No. 212, § 1, 8-19-2015)

The township board may from time to time prescribed and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the zoning board of appeals. At the time the notice for appeal is filed, such 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.

(Ord. No. 62, § 7-19.04, 8-11-1984)

The zoning 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 of this chapter, but does have power to act on those matters where this chapter provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and laws of the state. Such powers include:

(1)

Administrative review. 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 zoning administrator or any other administrative official in carrying out or enforcing any provision of this chapter.

(2)

Variance. To authorize, upon an appeal, a variance from the strict application of the provisions of this chapter whereby reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of the ordinance from which this chapter is derived or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to or exceptional undue hardship upon the owner of such property, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this chapter. In granting a variance, the zoning board may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this chapter. In granting a variance, the zoning board shall state the grounds upon which it justifies the granting of variance. The zoning board of appeals does not have the authority to grant "use" variances, except as is specifically provided for by this chapter (subsection (3) of this section). The authority to designate permitted uses and special approval uses is a legislative function and resides exclusively with the township board. The zoning board of appeals may, however, interpret whether a proposed use (not expressly designated in a given district) falls under the definition of a stated permitted use.

(3)

Exceptions and other appeals. To hear and decide in accordance with the provisions of this chapter; requests for interpretation of the zoning map or this chapter, appeals from the decision of the zoning administrator and on any provisions of this chapter that the zoning board of appeals are required and decided on any exceptions subject to such conditions as the zoning 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:

a.

Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of this plan, as shown upon the zoning map fixing the use districts, accompanying and made a part of this chapter, where street layout is shown on such map.

b.

Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the planning commission.

c.

Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purposes and intent of such requirements.

d.

Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification.

e.

Permit temporary buildings and uses for periods not to exceed six months. Extensions may be granted for construction purposes. A cash deposit as designated by the township board, by resolution, shall be held for a temporary building with refund upon removal.

f.

Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed six-month extensions being permissible: uses which do not require the erection of any capital improvement of a structural nature, including a mobile home. A cash deposit, as designated by the township board, by resolution, shall be held for a temporary use placement with refund upon removal. The zoning board of appeals, in granting permits for the above temporary uses, shall in no way constitute a change in the basic uses permitted in the district not on the property wherein the temporary use is permitted.

1.

The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district not on the property wherein the temporary use is permitted.

2.

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

3.

All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the township shall be made at the discretion of the zoning board of appeals.

4.

In classifying the uses as not requiring capital improvement, the zoning board of appeals shall determine that they are neither demountable structures related to the permitted use of the land; recreation 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 to the owner of adjacent properties of the time and place of a public hearing to be held as further provided for in this chapter. Further, the zoning board of appeals shall seek the review and recommendation of the planning commission prior to the taking of any action.

(4)

Consideration and determination of appeals and variations.In consideration of all appeals and all proposed variations to this chapter, the board shall, before making any variations from the chapter in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public safety, health, comfort, morals, or welfare of the inhabitants of the township. 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 or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision. Nothing contained in this section shall be construed to give or grant to the zoning board the power or authority to alter or change this chapter or the zoning map, such power and authority being reserved to the township board, in the manner provided by law.

(Ord. No. 62, § 7-19.05, 8-11-1984)

In exercising its powers, the zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the zoning administrator from whom the appeal is taken.

(Ord. No. 62, § 7-19.06, 8-11-1984)

The zoning board of appeals shall make no recommendation except in a specific case and after a public hearing conducted by the zoning board. It shall, by general rule or in specific cases, determine the interested parties who, in the opinion of the zoning board, may be affected by any matter brought before it which shall, in all cases, include all owners of record of property within 300 feet of the premises in question. Such notices shall be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll at least seven days prior to the hearing. The board may require any party applying to the board for relief to give such notice to other interested parties as it shall prescribe.

(Ord. No. 62, § 7-19.07, 8-11-1984)

(a)

No order of the zoning board of appeals 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 of alteration is started and proceeds to completion in accordance with the terms of such permit.

(b)

No order of the zoning 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 use permitted is dependent upon the erection or alteration of a building such period; provided, however, that where such order shall continue in force and effect if 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.

(Ord. No. 62, § 7-19.08, 8-11-1984)

(a)

Decisions of the zoning board of appeals shall be final. However, a person having an interest affected by this zoning chapter may appeal to the circuit court. Upon appeal, the circuit court shall review the record and decision of the zoning board of appeals to ensure the decision:

(1)

Complies with the constitution and laws of the state.

(2)

Is based upon proper procedure.

(3)

Is supported by competent material and substantial evidence on the record.

(4)

Represents the reasonable exercise of discretion granted by law to the zoning board of appeals.

(b)

If the court finds the record of the zoning board of appeals inadequate to make the review required by this section, or that there is additional evidence which is material and with good reason was not presented to the zoning board of appeals, the court shall order further proceedings before the zoning board of appeals on conditions which the court considers proper. The zoning board of appeals may modify its findings and decision as a result of the new proceedings, or may affirm its findings and decision as a result of the new proceedings, or may affirm its original decision. The supplementary record and decision shall be filed with the court.

(c)

As a result of the review required by this section, the court may affirm, reverse, or modify the decision of the zoning board of appeals.

(Ord. No. 62, § 7-19.09, 8-11-1984)