(a)

Appointment; membership. There shall be a township board of zoning appeals appointed by the township board as prescribed or delegated to it under specific provisions of this chapter. The board of zoning appeals shall consist of five members.

(1)

Planning commission member. The first member of the board of zoning appeals shall be a member of the township planning commission.

(2)

Elected trustee. The second member shall be an elected trustee of the township board and shall not serve as the chair of the board of zoning appeals.

(3)

Appointed electors. The remaining three members of the board of zoning appeals shall be appointed by the township board from among electors residing in the township.

(4)

Employees or contractors excluded. An employee or contractor of the township board shall not serve as a member of the board of zoning appeals.

(b)

Terms; vacancies. The term of each member of the board of zoning 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.

(1)

Staggered terms. When members are first appointed, the appointments may be for less than three years to provide for staggered terms.

(2)

Vacancies. A successor shall be appointed not more than one month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.

(c)

Elected officers. The members of the board of zoning appeals shall annually elect a chair, vice-chair, and secretary. An elected officer of the township shall not serve as the chair of the board of zoning appeals.

(Code 2004, § 54-1511; Zoning Ord. 1999, § 2400)

State Law reference— Similar provisions, MCL 125.3601.

(a)

All meetings of the board of zoning appeals shall be held at the call of the chair and at such other times as the board of zoning appeals, in its rules of procedure, may specify.

(b)

The board of zoning appeals shall make no recommendation, except in a specific case and after a public hearing conducted by the board of zoning appeals. All hearings conducted by the board of zoning appeals shall be open to the public and be subject to section 54-1333.

(c)

The board of zoning appeals shall, by general rule or in specific cases, determine the interested parties who, in the opinion of the board of zoning appeals, may be affected by any matter brought before it, which shall in all cases include all persons required to be notified under state law.

(d)

The board of zoning appeals 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.

(e)

The concurring vote of a majority of the members of the board of zoning appeals shall be necessary to reverse any order, requirement, decision, or determination of the building inspector or township planning commission, 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.

(f)

The board of zoning 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 proceedings in the office of the township clerk, which record shall be public.

(Code 2004, § 54-1512; Zoning Ord. 1999, § 2401)

State Law reference— Similar provisions, MCL 125.3602 et seq.

(a)

Authorized. An appeal may be taken to the board of zoning appeals by any person or by any officer, department, board, or bureau affected by a decision of the building inspector or the planning commission.

(b)

Procedure. The following procedure shall be followed for the appeal of a decision of the building inspector or planning commission:

(1)

Notice of appeal filed. Such appeal shall be taken within such time as shall be prescribed by the board of zoning appeals by general rule, by filing with the building official and board of zoning appeals a notice of appeal, specifying the grounds thereof.

(2)

Transmittal of pertinent documents. The building official shall forthwith transmit to the board of zoning appeals all of the papers constituting the record upon which the action appealed from was taken.

(3)

Notice of public hearing. The board of zoning appeals shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties.

(4)

Right to testify. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

(5)

Decision without unreasonable delay. The board of zoning appeals shall render a decision on the appeal without unreasonable delay.

(c)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board of zoning appeals, after a 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.

(Code 2004, § 54-1513; Zoning Ord. 1999, § 2402)

State Law reference— Similar provisions, MCL 125.3604.

(a)

The board of zoning appeals is empowered 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 provided for in this section and as defined in state law. Such powers include:

(1)

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, or the township planning commission in carrying out or enforcing any provision of this chapter.

(2)

Authorize, upon an appeal, a variance from the strict applications of the provisions of this chapter where, by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property as of September 13, 1999, 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, such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter.

a.

Attachment of conditions. In considering a variance, the board of zoning appeals 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.

b.

Statement of justifying grounds. In considering a variance, the board of zoning appeals shall state the reason upon which it justifies the granting or denying of a variance.

c.

Determinations. In consideration of all appeals and all proposed variations to this chapter, the board of zoning appeals shall, before making any variations from the chapter in a specific case, first determine that the proposed variation will not:

1.

Impair an adequate supply of light and air to adjacent property;

2.

Unreasonably increase the congestion in public streets;

3.

Increase the danger of fire or endanger the public safety;

4.

Unreasonably diminish or impair established property values within the surrounding area; or

5.

In any other respect, impair the public health, safety, comfort, morals or welfare of the inhabitants of the township.

(3)

Hear and decide, in accordance with the provisions of this chapter, requests for exceptions, interpretations of the zoning map, and decisions on special approval situations on which this chapter specifically authorizes the board of zoning appeals to pass. Any exception or special approval shall be subject to such conditions as the board of zoning appeals may require to preserve and promote the character of the zoning district in question and otherwise promote the purpose of this chapter, including the following:

a.

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

b.

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

c.

Permit modifying parking/loading space. 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 purpose and intent of such requirements.

d.

Permit modifying height/area regulations. Permit such modifications 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 modification of wall requirements. Permit modification of wall requirements only when such modification will not adversely affect or be detrimental to surrounding or adjacent development.

f.

Permit decks which exceed height limits. Permit construction of a deck within a required setback area that exceeds the limitations of section 54-1297, pertaining to projections into yards, in situations where the deck will not obscure or interfere with the view from adjacent property across the required yard because of special circumstances relating to topography, vegetation, or other existing features that make such exception reasonable. Plans showing dimensions of structures, topography, and adjoining structures or buildings shall be submitted to aid the board of zoning appeals in its decision.

(b)

The concurring vote of three members of the board of zoning appeals shall be necessary to reverse any other requirement, decision, or determination of the building official, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision.

(c)

Nothing contained in this section shall be construed to give or grant to the board of zoning appeals 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.

(d)

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

(e)

The board of zoning appeals is not empowered to alter or change the zoning district classification of any property, or make any change in the terms of this chapter, or permit the establishment of any permanent use of land in a district in which the use is not permitted.

(Code 2004, § 54-1514; Zoning Ord. 1999, § 2403)

The township board may prescribe and amend a reasonable schedule of fees to be charged to applicants for appeals to the board of zoning appeals as currently established or as hereafter adopted by resolution of the township board from time to time. At the time the notice for appeal is filed, such fee shall be paid to the township.

(Code 2004, § 54-1515; Zoning Ord. 1999, § 2404)

(a)

Erection of 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.

(b)

Use of building or premises. No order of the board of zoning appeals 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 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.

(Code 2004, § 54-1516; Zoning Ord. 1999, § 2405)