There is hereby created a zoning board of appeals which shall perform its duties and exercise its powers as provided in this article and in Public Act No. 110 of 2006 (MCL 125.3101 et seq.), as amended, and in such a way that the objectives of this chapter shall be observed, public health, safety and welfare secured, and substantial justice done. The zoning board of appeals is established to ensure that the objectives of this chapter may be more fully and equitably achieved, that a means be provided for competent interpretation of this chapter, and that reasonable flexibility be provided in the application of this chapter.

(Zoning Ord. 2020, § 6.1, 1-5-2021)

(a)

The zoning board of appeals shall be composed of not less than five regular members who shall be selected in accordance with section 601 of Public Act No. 110 of 2006 (MCL 125.3601), as amended.

(b)

The Township Board may appoint no more than two alternate members of the zoning board of appeals who shall serve as a member of the zoning board of appeals upon the call of the chairperson when a regular member is absent from or unable to attend one or more meetings. An alternate member may also be called to serve in place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for the reason of a conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the zoning board of appeals in those cases in which the alternate member serves. Appointments of alternate members for the first year shall be for a period of one and two years respectively; thereafter, each alternate member shall hold office for a full three-year term.

(c)

Members of the zoning board of appeals shall be removable by the Township Board for non-performance of duty or misconduct in office upon written charges and after public hearing. A member shall disqualify himself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself from a vote in which the member has a conflict of interest shall constitute misconduct of office.

(Zoning Ord. 2020, § 6.2, 1-5-2021)

(a)

Rules of procedure. The zoning board of appeals shall adopt its own rules of procedure as may be necessary to conduct its meetings properly.

(b)

Majority vote. The concurring vote of a majority of members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator, to decide in favor of the applicant upon which the zoning board of appeals is authorized to act under this chapter, or to grant a variance in this chapter.

(c)

Meetings. Meetings shall be open to the public and shall be held at the call of the chairperson and at such other times as the zoning board of appeals shall specify in its rules or procedure. The Board shall choose its own chairperson, and in his absence, an acting chairperson. Special meetings shall be held at the call of the chairperson, or as the zoning board of appeals shall determine, or upon request of at least two members of the zoning board of appeals; provided, however, that at least 48 hours' notice shall have been given to each member prior to the time set for the special meeting. The zoning board of appeals shall not conduct business unless a majority of the members of the zoning board of appeals are present.

(d)

Information. The zoning board of appeals shall have the power to subpoena and request the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it. The zoning board of appeals shall also have the power to request the production of additional documentation or information which it deems necessary to render a decision on an application, and shall have the power to postpone a decision on an application until such time as the additional information, which has been requested, is produced by the applicant.

(e)

Records. The zoning board of appeals shall maintain a record of its proceedings which shall be filed in the office of the Township Clerk. A copy of the decision shall be sent promptly to the applicant or appellant and to the zoning administrator.

(f)

Secretary and counsel. The Township Clerk shall be responsible for providing secretarial services for the zoning board of appeals and the Township Attorneys may give legal counsel to the zoning board of appeals upon its request.

(Zoning Ord. 2020, § 6.3, 1-5-2021)

(a)

An appeal may be taken to the zoning board of appeals by any person, firm, or corporation, or any officer, department, board or bureau aggrieved by a decision of zoning administrator concerning the administering and enforcing of the provisions of this chapter. In order to be aggrieved by a decision, the person or other entity must have a property interest recognized under the law, and sufficient standing as recognized under the law, to challenge the decision. Such appeal shall be taken within such time as prescribed by the zoning board of appeals by general rule, but in no event later than 30 days after the date of the decision from which the appeal is taken, by filing with the zoning administrator and with the zoning board of appeals a notice of appeal, specifying the grounds thereof. The zoning administrator will transmit to the zoning board of appeals all of the papers constituting the record upon which the action appealed from was taken.

(b)

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 the 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 be stayed by a restraining order which may be granted by the zoning board of appeals or by the circuit court.

(c)

A fee in accordance with the duly-adopted schedule of fees shall be paid to the Township Clerk at the time of filing the application to the zoning board of appeals. The purpose of the fee is to cover any necessary investigation expenses incurred by the zoning board of appeals in connection with said appeal, and to cover the costs associated with processing the appeal.

(Zoning Ord. 2020, § 6.4, 1-5-2021)

(a)

The zoning board of appeals, as herein created, is a body of limited power. The zoning board of appeals shall have the following powers and it shall be its duty:

(1)

To hear and decide on all matters referred to it upon which it is required to pass under this chapter.

(2)

To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the same.

(3)

To make a determination as to the appropriate zoning district for a use not specifically listed in this chapter. In making such a determination, the zoning board of appeals shall consider, among other things, the specific characteristics of the use in question and compare such characteristics with the characteristics of uses expressly permitted in the district. Such characteristics shall include, but not be limited to, daily traffic congestion and traffic patterns, types of merchandise or service provided, types of goods produced, expected hours of operation, and other characteristics which relate in any fashion to the proposed use in comparison to permitted uses. The zoning board of appeals shall determine whether such use shall be permitted by right, special land use, or permitted as an accessory use. The zoning board of appeals shall have the authority to establish general standards and conditions under which a use may be included in a district when making a determination as to an unlisted use.

(4)

To hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision or determination made by the zoning administrator in the enforcement of this zoning ordinance.

(5)

Interpret the zoning map.

(b)

In hearing and deciding appeals, the zoning board of appeals shall have the authority to grant such variance from the provisions of this zoning ordinance as may be in harmony with the general purpose and intent so that the function of this zoning ordinance shall be observed, public health, safety and welfare secured, and substantial justice done, including the following:

(1)

Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the same;

(2)

Permit the erection and use of a building or use of premises in any district for public utility purposes necessary to public convenience and service, so located, designed, erected, and landscaped to conform harmoniously with the architecture and plan of the Township;

(3)

Determine the precise location of the boundary lines between zoning districts where there is dissatisfaction with a decision between said subject made by the zoning administrator;

(4)

Determine the off-street parking and loading space requirements of any use which is not mentioned in article IX of this chapter either by classifying it with one of the groups listed in that section or by an analysis of the specific need;

(5)

Permit such modification of the height, setback, 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 or reasonably improved without such modification;

(6)

Approve building and permits for legal nonconforming uses to terminate on a date specified in the approval documents, which date shall not exceed two years from the date of the permit, providing such uses are deemed helpful to the development of certain areas and which will not be detrimental to the neighboring areas;

(7)

Permit a change of use from one nonconforming use to another nonconforming use of the same or a more restricted classification, provided that the proposed use is suitable or more appropriate to the district than the existing nonconforming use;

(8)

Permit a change in a nonconforming structure, provided that the change results in a reduction in the nonconformity and the change in the structure is suitable or more appropriate to the district than the existing nonconforming structure.

(c)

Where, owing to special conditions, a literal enforcement of the provisions of this zoning ordinance would involve practical difficulties, the zoning board of appeals shall have power upon appeal in specific cases to authorize such variation or modification of the provisions of this zoning ordinance with such conditions and safeguards as it may determine, as may be in harmony with the spirit of this zoning ordinance and so that public safety and welfare be secured and substantial justice done. No such variance or modification of the provisions of this zoning ordinance shall be granted unless it appears that, at a minimum, the applicant has proven a practical difficulty and that all the following facts and conditions exist:

(1)

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

(2)

That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity. The possibility of increased financial return shall not be deemed sufficient to warrant a variance.

(3)

That the granting of such variance or modification will not be materially detrimental to the public welfare or materially injurious to the property or improvements in such zone or district in which the property is located.

(4)

That the granting of such variance will not adversely affect the purpose or objectives of the master plan of the Township.

(5)

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 of so general or recurrent a nature.

(6)

Granting the variance shall not permit the establishment with a district of any use which is not permitted by right within the district.

(7)

The requested variance is the minimum necessary to permit reasonable use of the land.

For the purpose of the above, a practical difficulty exists on the subject land when the strict compliance with this chapter's standards would render conformity unnecessarily burdensome (such as exceptional narrowness, shallowness, shape of area, presence of floodplain or wetlands, exceptional topographic conditions), and the applicant has proven all of the standards set forth in subsections (c)(1) through (7) of this section. Demonstration of practical difficulty shall focus on the subject property or use of the subject property, and not on the applicant personally.

(d)

In consideration of all appeals and all proposed variations to this zoning ordinance, the zoning board of appeals shall, before making any variations from this zoning ordinance in a specific case, determine that the standards set forth above have been met, and 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 health, safety, or welfare of the inhabitants of the Township.

(e)

The zoning board of appeals shall not have jurisdiction over the following matters:

(1)

The zoning board of appeals shall not have the power or authority to alter or change this chapter or the zoning map.

(2)

The zoning board of appeals shall not have the power or authority to alter or change the zoning district classification of any property.

(3)

The zoning board of appeals shall not have the power or authority to grant a use variance or otherwise approve of a use not permitted under the zoning district classification.

(4)

The zoning board of appeals shall not have the power or authority to grant a dimensional variance for any residential property which has the effect of rezoning that residential property to a different residential zoning classification provided in this chapter. For purposes of this section, the term "effect of rezoning" shall mean a request to vary or reduce the required lot area regulations in any residential zoning classification by an amount of 15 percent or greater. However, this prohibition shall not apply in the case of a property owner seeking such a dimensional variance to develop one residential structure on a single parcel of residential land.

(5)

The zoning board of appeals shall not have the power or authority to hear an appeal relative to any decision rendered on a planned unit development.

(6)

The zoning board of appeals shall not have the power or authority to hear an appeal relative to any decision rendered on a special land use.

(7)

The zoning board of appeals shall not have the power or authority to hear an appeal from a decision rendered by the planning commission or Township Board related to a matter under which the planning commission and/or Township Board are the decision-makers under this chapter.

(Zoning Ord. 2020, § 6.5, 1-5-2021)

In exercising the powers set forth in this article, 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. In granting a variance, the zoning board of appeals may specify such conditions in connection with the granting that will, in its judgement, secure substantially the objectives of the regulation or provisions to which such variance applies including the requirement of a bond in accordance with section 36-102. The breach of any such condition shall automatically invalidate the grant of the variance. 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 any zoning administrator, or to decide in favor of the applicant any matter upon which the zoning board of appeals is authorized to render a decision. The zoning board of appeals may, in its discretion, grant rehearing of any decision to consider additional and new matters related to the relief requested, when such rehearing is requested within 20 days of the Zoning Board of Appeal initial decision. The zoning board of appeals shall also have the right, on its own initiative, to reconsider a prior decision rendered by it if said motion for reconsideration occurs at the next regularly scheduled meeting after the decision in question, and the motion for reconsideration is made by a member of the zoning board of appeals who voted with the prevailing side. The decision of the zoning board of appeals shall be final, insofar as it involves discretion in the finding of the facts.

(Zoning Ord. 2020, § 6.6, 1-5-2021)

The zoning board of appeals shall make no recommendation except in a specific case and after a conducting a hearing. Notice stating the time, date, and place of the public hearing shall be published in a newspaper of general circulation and shall be sent to the applicant not less than 15 days before the public hearing. In addition, if the request for an interpretation or appeals of an administrative decision involves a specific parcel, written notice stating the nature of the appeal or interpretation request and the time, date, and place of the public hearing shall 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. However, notices relative to any special meeting of the zoning board of appeals shall be limited as required by law. The zoning board of appeals may recess a hearing from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

(Zoning Ord. 2020, § 6.7, 1-5-2021)

(a)

No order of the zoning board of appeals permitting the erection or alteration of a building shall be valid for a period longer than one year (12 months) 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)

No order of the zoning board of appeals permitting a use of a building or premises shall be valid for a period longer than one year (12 months), 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 the 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 the permit.

(c)

An application for a variance which has been denied wholly or in part by the zoning board of appeals shall not be resubmitted for a period of one year from the date of the last denial, except on grounds of newly-discovered evidence or proof of changed conditions found upon inspection of the zoning board of appeals to be valid.

(d)

Prior to granting a variance, all other existing infractions related to this chapter or other Township ordinances shall be resolved.

(e)

Any person aggrieved by a decision of the zoning board of appeals may appeal to the Livingston County Circuit Court in accordance with section 606 of Public Act No. 110 of 2006 (MCL 125.3606, as amended. An appeal to the circuit court shall be filed no later than 30 days after the zoning board of appeals certifies its decision in writing or approves the minutes of its decision.

(Zoning Ord. 2020, § 6.8, 1-5-2021)