This article outlines the zoning board of appeals as a township authority and its role as it relates to the requirements and administration of the zoning ordinance.

A.

Purpose. The creation, existence, and authority of the zoning board of appeals is enabled by article VI of the Michigan Zoning Enabling Act.

B.

Membership. The zoning board of appeals shall consist of five members:

1.

Planning commission member. One of the regular members shall be a member of the planning commission.

2.

Township board member. One of the regular members shall be a member of the township board, but shall not serve as the chairperson.

3.

General members. The remaining regular members, and any alternate members, shall be selected from the electors of Holland Charter Township. The members selected shall be representative of the population distribution and of the various interests present in the township. An employee or contractor of the legislative body may not serve as a member.

4.

Alternates. The township board may appoint one or two alternate members for the same term as regular members. An alternate member may be called 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.

Per diem. 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 the member's duties.

D.

Removal and conflict of interest. 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.

E.

Term. The terms of office for an appointed member shall be 3 years, except for a member serving because of his or her membership on the planning commission or township board, whose term shall be limited to the time he or she is a member of that body. When members are first appointed, appointments may be for less than three years to provide for staggered terms. A successor shall be appointed not more than one month after the term of the preceding member has expired. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

F.

Voting restrictions. A member 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 their other official duties. However, the member may consider and vote on other unrelated matters involving the same property.

A.

Meetings and records. All zoning board of appeals meetings shall be called by the chairperson and at such times as determined by the zoning board of appeals. All meetings shall be open to the public. The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each question and shall also keep records of its hearings and other official actions.

B.

Rules and procedures. The zoning board of appeals shall fix rules and regulations governing its procedures in conformance with the terms of this ordinance and the Michigan Zoning Enabling Act.

C.

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

D.

Public hearings. If the zoning board of appeals receives a written request seeking an appeal of an administrative decision (section 19.5), a variance of the zoning ordinance (section 19.6), or an interpretation (section 19.7), it shall conduct a public hearing on the request. Notice shall be given as required under Section 103 of the Michigan Zoning Enabling Act and Section 18.4. However, if the request does not involve a specific lot of record, notice need only be published as provided in Section 103(1) and given to the person making the request as provided in Section 103(3) of the Act.

A.

Jurisdiction. The board of appeals shall have all powers and jurisdiction granted by the Michigan Zoning Enabling Act, all powers and jurisdiction prescribed in other articles of this ordinance and the following specific powers and jurisdiction:

1.

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

2.

Variances. To approve dimensional variances in circumstances involving a practical difficulty and the other conditions required for the approval of a dimensional variance.

3.

Interpretations. To act upon all questions as they may arise in the administration and enforcement of the zoning ordinance, including interpretation of the zoning map.

4.

Special reviews. To hear and decide on all matters referred through this ordinance.

B.

Planned unit developments and special land uses. Appeals for decisions relating to planned unit developments or special land use permits may not be taken to the zoning board of appeals.

C.

Decisions.

1.

Majority vote of members. The concurring vote of a majority of the zoning board of appeals membership shall be necessary to reverse any order, requirement, decision or determination by the zoning administrator or other administrative body, or to decide in favor of the applicant on any matter upon which it is authorized by this ordinance to render a decision.

2.

Certification of decision. The decision of the zoning board of appeals shall become final upon certification of the decision in writing, signed by the chairperson, or the approval of the minutes for the meeting at which the decision was reached, whichever occurs first.

3.

Effect on permitting. A zoning compliance permit or building permit for a project that is reliant on the decision of the zoning board of appeals shall not be issued until the decision is final.

D.

Conditions of approval. In hearing and deciding an appeal, the zoning board of appeals may impose and attach conditions, restrictions and requirements as it shall determine are necessary and/or appropriate. The zoning board of appeals may impose greater or more restrictive conditions, restrictions and requirements than are included in this ordinance. Violations of approved conditions, restrictions and requirements shall be deemed a violation of this ordinance. Conditions, restrictions and requirements may include the provision of financial security to guarantee performance.

A.

Filing deadline and distribution. An appeal from any decision or action shall be filed no later than 30 calendar days after the decision or action being appealed. Where an appeal has been filed, the zoning administrator shall transmit to the zoning board of appeals all papers constituting the record upon which the action being appealed was made.

B.

Stay of proceedings. An appeal to the zoning board of appeals stays all proceedings in furtherance of the action appealed. However, if the body or officer from whom the appeal is taken 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 the circuit court.

C.

Decision. In exercising this power, the zoning board of appeals may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or a determination being appealed and may make an order, requirement, decision or determination as it should be made. The zoning board of appeals may reverse an order of an administrative official or the planning commission only if it finds that the action or decision appealed meets one or more of the following requirements:

1.

Was arbitrary or capricious.

2.

Was based on an erroneous finding of a material fact.

3.

Constituted an abuse of discretion.

4.

Was based on erroneous interpretation of this ordinance or the Michigan Zoning Enabling Act.

A.

Application. A dimensional variance request shall be accompanied by a drawing to scale, which includes all buildings and their individual front, rear and side yard distances from the property lines and any other structure on the property. The requested variance location shall be clearly identified on the drawing with additional information which demonstrates practical difficulties which supports the request for a variance.

B.

Standards for granting of variance. No variance in the provisions or requirements of this ordinance shall be authorized by the zoning board of appeals unless it is found from the evidence that all the following conditions exist:

1.

That compliance with the zoning ordinance would result in practical difficulties due to exceptional, extraordinary, or unique characteristics or conditions of the land or lot of record, including but not limited to:

a.

Exceptional narrowness of the width or depth of a lot of record, or an irregular shape.

b.

Exceptional natural or topographic features located on the lot of record, such as steep slopes, water, existing significant trees, or other unique or extreme physical conditions of the land.

c.

Extraordinary location of an existing building or structure that allows no other practical or feasible location for expansion because of exceptional features of the land.

d.

Other exceptional or extraordinary dimensional conditions or characteristics of land or lot of record.

2.

That the unusual circumstances do not apply to most other lots of record in the same manner or to the same extent to other lots of record in the same zoning district.

3.

That the variance is necessary for the preservation and enjoyment of a substantial property right. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

4.

That the granting of the variance will not be of substantial detriment to adjacent and nearby land uses and properties.

5.

That the applicant shall not have created the problem for which the variance is being sought.

6.

That the granting of the variance will not be contrary to the public interest and that the spirit of this ordinance shall be observed, public safety secured, and substantial justice done for both the applicant and other property owners in the district.

C.

Minimum variance necessary. In approving a variance, the zoning board of appeals shall only approve the minimum variance necessary to relieve the practical difficulty.

D.

Use variances. Under no circumstances shall the zoning board of appeals grant a variance to allow a use not permissible under the terms of this ordinance in the area involved, or any use expressly or by implication prohibited by the terms of this ordinance.

A.

Authority. The zoning board of appeals shall have the power to hear and decide the following interpretation matters:

1.

Ambiguity. To determine the meaning of ordinance provisions when ambiguity exists in those provisions.

2.

District boundaries. To determine the precise location of the boundary lines between zoning districts.

A.

Official record. The zoning board of appeals shall record all relevant findings, conditions, facts and other relevant factors, including the vote of each member upon each question and all its official actions. To this end, the zoning board of appeals shall prepare an official record for all appeals and shall base its decision on this record. The official record shall, at a minimum, include the following items:

1.

The relevant administrative records and orders issued relating to the appeal, variance or interpretation;

2.

The notice of the appeal, variance, or interpretation, if required;

3.

Documents, exhibits, photographs or written reports, as may be submitted to the zoning board of appeals for its consideration;

4.

The findings of the zoning board of appeals, stating the facts of the application, the decision, any conditions of the decision and the reasons for reaching such a decision, including any applicable standards of review.

B.

Certification. A decision of the zoning board of appeals shall also be certified in writing, either by a certification denoting the decision for a specific request, signed by the chairperson, or by approval, by majority vote of the zoning board of appeals, of the official minutes of the meeting at which the decision was made.

A.

Rehearing. A rehearing on an application denied by the zoning board of appeals shall not be considered, except upon the grounds of newly discovered evidence or a falsehood previously relied upon that is discovered to be valid by the zoning board of appeals. A rehearing shall be processed in the same manner as the original application, including payment of the required fee.

B.

Reapplication. An application for a variance, interpretation or appeal that 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 proof of changed conditions, found by the zoning board of appeals to be valid.

A decision of the zoning board of appeals is final. A party aggrieved by the decision may appeal to the Ottawa County Circuit Court.