There is hereby established a zoning board of appeals, which shall perform its duties and exercise its powers as provided by Act 110, Public Acts of 2006, as amended. The zoning board of appeals shall consist of five members and two alternates as follows:

A.

The members of the zoning board of appeals shall be selected by the township board at a regularly called meeting. The township board shall appoint one member of the planning commission to the zoning board of appeals. The remaining members shall be selected and appointed by the township board from the electors of the township and shall be representative of the population distribution and of the various interests present in the township. One regular or alternate member of the zoning board of appeals shall be a member of the township board, but shall not serve as chairperson of the zoning board of appeals.

B.

The township board shall appoint two alternate members for the same term as regular members of the zoning board of appeals. An alternate member may be called as specified in the zoning ordinance to serve as a member of the zoning board of appeals in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. An alternate member serving on the zoning board of appeals has the same voting rights as a regular member.

C.

The terms of office for members appointed to 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 those bodies. A successor shall be appointed not more than one month after the term of the preceding member has expired.

D.

A member of the zoning board of appeals who is also a member of the planning commission or the township board shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of the planning commission or the township board. However, the member may consider and vote on other unrelated matters involving the same property.

E.

A member of the zoning board of appeals may be removed by the legislative body for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office.

F.

The zoning board of appeals shall not conduct business unless a majority of the members of the board are present.

G.

A member of the zoning board of appeals may be paid a reasonable per diem and reimbursed for expenses actually incurred in the discharge of his or her duties, as established by the township board.

A.

The zoning board of appeals shall hear and decide questions that arise in the administration of the zoning ordinance, including the interpretation of the zoning maps, and may adopt rules to govern its procedures sitting as a zoning board of appeals. The zoning board of appeals shall hear and decide appeals from any administrative order, requirement, decision, or determination made by any township administrative official or body charged with enforcement of the zoning ordinance. The zoning board of appeals shall also hear and decide on matters referred to it by any township administrative official or body charged with enforcement of the zoning ordinance.

B.

The zoning board of appeals shall have the authority to grant nonuse variances relating to the construction, structural changes, or alteration of buildings or structures related to dimensional requirements of the zoning ordinance or to any other nonuse-related standard in this ordinance.

C.

The zoning board of appeals shall not consider use variances.

D.

The zoning board of appeals shall not consider variance requests for PUD or special land use standards after an approval or denial from the planning commission has been granted.

E.

The zoning board of appeals shall interpret the provisions of the ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the use districts, accompanying and made part of this ordinance.

F.

In consideration of all appeals and all proposed variations of this ordinance, the zoning board of appeals shall, before making any variations from the ordinance in a specific case, first determine that the reason for the proposed variation is consistent with all of the accepted standards of practical difficulty.

Meetings of the zoning board of appeals shall be held at the call of the chair and at such other times as such board may determine or specify in its rules of procedure. All zoning board of appeals meetings are subject to the Open Meetings Act. 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 said fact; and shall file a record of its proceedings in the office of the township clerk, and shall be a public record. 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 building official or planning commission, or to decide in favor of an applicant any matter upon which they are required to pass under this ordinance or to effect any variation in this ordinance.

These procedures are instituted to hear and decide appeals from and review an order, requirement, decision or determination made by an administrative official or commission charged with the administration or enforcement of the township zoning ordinance. An appeal shall be filed with the officer or commission from whom the appeal is taken and with the zoning board of appeals specifying the ground for the appeal.

A.

The applicant shall file with the zoning board of appeals, in writing or on forms furnished by township, giving notice of appeal and specifying the grounds for appeal within 20 days of the ruling.

B.

An application for the approval of a variance shall be made by an owner of an interest in the site to the township planning coordinator, accompanied by the necessary fees and documents, as provided in this ordinance.

C.

The application shall be accompanied by a site plan drawn at a legible scale and placed on a standard sheet and containing the following information:

1.

Dimensional elements for which a variance is requested.

2.

Dimensional relationships of the subject lot to the structure on all adjacent lots.

D.

The application shall be accompanied by an affidavit by the applicant explaining:

1.

How the strict enforcement of the provisions of the township zoning ordinance would cause practical difficulty and deprive the owner of rights enjoyed by all other property owners owning property within the same zoning district.

2.

The conditions and circumstances unique to the property which are not similarly applicable to other properties in the same zoning district.

3.

The conditions and circumstances unique to the property were not created by the owner, or his predecessor in title, within the time following the effective date of the provisions alleged to adversely affect such property.

4.

Why the requested variance will not confer special privileges that are denied other properties similarly situated and in the same zoning district.

5.

Why the requested variance will not be contrary to the spirit and intent of this zoning ordinance.

E.

The township shall immediately transmit to the zoning board of appeals all of the papers constituting the record upon which the action appealed from was taken.

F.

An appeal to the zoning board of appeals stays all proceedings in furtherance of the action appealed. However, if the township certifies to the zoning board of appeals after the notice of appeal is filed that, by reason of facts stated in the certificate, a stay would in the opinion of the body or officer cause imminent peril to life or property, proceedings may be stayed only by a restraining order issued by the zoning board of appeals or a circuit court.

G.

The board shall consider the application for variance at its next regular meeting, which provides sufficient time for notice as required heretofore, or within not more than 45 days after receipt of the application by the township and hear and question any witness appearing before the board.

H.

The township shall provide notice of this public hearing for each variance request in accordance with Act 110 of 2006.

I.

The board shall not approve an application for a variance unless it has been found positively that:

1.

The strict enforcement of the zoning ordinance would cause practical difficulty and deprive the owner of rights enjoyed by all other property owners owning property within the same zoning district.

2.

The conditions and circumstances are unique to the subject property and are not similarly applicable to other properties in the same zoning district.

3.

The conditions and circumstances unique to the property were not created by the owner, applicant, or predecessor in title, within the time following the effective date of the provisions alleged to adversely affect such property.

4.

The requested variance will not confer special privileges that are denied other properties similarly situated and in the same zoning district.

5.

The requested variance will not be contrary to the spirit and intent of the township zoning ordinance.

6.

The requested variance will not adversely affect the purpose or objectives of the Master Plan of the Township of Harrison.

7.

If an application for a dimensional variance is made while the subject property is affected by eminent domain under M.C.L. 213.54, the zoning board of appeals may also consider the potential benefit of the public use for which the property is being acquired.

J.

The building official shall, upon receipt of the notice of approval and upon application by the applicant, collect all required fees and issue a building permit or such other approval permitting the variance, subject to all conditions imposed by such approval.

K.

1.

Except as otherwise provided in section 18.04, no order of the zoning board of appeals permitting the erection or alteration of a building shall be valid for a period longer than 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.

2.

No order of the zoning board of appeals permitting a use of a building or land shall be valid for a period longer than 12 months, unless such use is established within such period; provided, however, that where such order shall continue in force and effect if a building permit for said erection or alteration is started and proceeds to completion in accordance with such permit.

(Ord. No. 308, § 7, 2-13-2017)