There is hereby established a board of appeals, which shall perform its duties and exercise its powers as provided by section 603 of the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3603), in such a way that the objectives of this chapter shall be enforced, the public health and safety secured and substantial justice done.

(Ord. of 2-2008)

The board of appeals shall consist of three members. The first member of such board of appeals shall be a member of the township planning commission, for the terms of his office; the remaining members shall be selected from among the electors residing in the unincorporated area of the township for a term of three years. One member may be selected from the township board but shall not serve as chairperson of the zoning board of appeals. An employee or contractor for the township may not serve. The members selected shall be representative of the population distribution and of the various interests present in the township. The township board may appoint no more than two alternate members for the same term as regular members. An alternate member may be called to serve as a regular member in the absence of a regular member if the regular member is absent from or will be unable to attend one or more meetings. An alternate member may also be called to serve as a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the zoning board of appeals.

(Ord. of 2-2008)

The board shall adopt its own rules of procedure as may be necessary to properly conduct its meetings. The concurring vote of a majority of the members of the board of appeals shall be necessary to reverse any order, requirement, decision or determination of the administrative official or to decide in favor of the applicant any matter upon which they are required to pass under this chapter or to effect any variation in this chapter.

Meetings of the board of appeals shall be held at the call of the chairman, and at such other times as the board in its rules of procedure may specify.

(a)

All meetings of the board of appeals shall be open to the public. Minutes shall be recorded of all proceedings that shall contain evidence and data relevant to every case considered together with vote and signature of each member and the final disposition of each case. The grounds of every determination shall be stated and such determination from which the appeal is taken. Such minutes shall accompany and be attached to the standard forms required of persons appealing as part of the zoning board of appeals' permanent records. Such minutes shall be filed in the office of the township clerk and shall be sent promptly to the applicant or appellant and to the zoning administrator.

(b)

The township clerk or zoning administrator may act as secretary to the zoning board of appeals. The township attorney shall act as legal counsel for the board and shall be present at all meetings upon the request of the board. Other knowledgeable persons may also be utilized in an advisory capacity.

The board of appeals shall have powers to interpret the provisions of this chapter, to grant variances from the strict application of any provision of this chapter.

A variance from the terms of this chapter shall not be granted by the board of appeals unless and until:

(1)

A written application for a variance is submitted and testimony is given by applicant or his representative, demonstrating that:

a.

The applicant is confronted with practical difficulties as a result of special conditions and circumstances which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district.

(Ord. of 2-2008)

b.

Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

c.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.

d.

No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

(2)

Following receipt of a written request concerning a request for variance, the zoning board of appeals shall fix a reasonable time for the hearing of the request and give notice as follows:

(Ord. of 2-2008)

a.

Publish notice of the request in a newspaper of general circulation in the township not less than 15 days before the date of the hearing;

b.

Notice shall also be given as provided under subsection (2)c of this section to the owners of property that is the subject of the request. Notice shall also be given as provided under subsection (2)c of this section to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

c.

The notice under subsection (2)b of this section is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

d.

The notice shall do all the following:

1.

Describe the nature of the request;

2.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used;

3.

State when and where the request will be considered;

4.

Indicate when and where written comments will be received concerning the request.

(4)

The board of appeals shall further make a finding that the reasons set forth in the application or by testimony of the applicant or his representative, justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

(5)

The board of appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(6)

In granting any variance, the board of appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and punishable under section 38-772.

(7)

Under no circumstances shall the board of appeals grant a variance to allow a use not permissible under the terms of this chapter in said district.

The following provisions shall apply:

(1)

Each variance granted under the provisions of this chapter shall become null and void unless the construction authorized by such variance or permit has been commenced within 90 days after the granting of such variance and pursued diligently to completion.

(2)

No application for a variance which has been denied wholly or in part by the board of appeals shall be resubmitted for a period of 365 days from such denial, except on grounds of new evidence or proof of changed conditions found by the board of appeals to be valid.

The following provisions shall apply:

(1)

Appeals, how taken. Appeals from the ruling of the township zoning administrator may be made to the board of appeals in the following manner:

a.

Any person, firm or agent making an appeal shall file with the officer from whom the appeal is taken and with the zoning board of appeals a notice of appeal specifying the grounds for the appeal. The township clerk shall forward a copy of the application to the zoning administrator.

(Ord. of 2-2008)

b.

The body or officer from whom the appeal is taken shall immediately transmit to the zoning board of appeals all of the papers constituting the record upon which the action appealed from was taken.

(Ord. of 2-2008)

(2)

Who may appeal. Appeals to the board of appeals may be taken by any person aggrieved or by an officer, department, board, agency, or bureau of the township, county or state.

(3)

Fee for appeal. A fee prescribed by the township board shall be submitted to the township clerk or treasurer at the time of filing the application. The appeals fee shall immediately be placed in the township general fund.

(4)

Effect of appeal; restraining order. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the township board of appeals, after the notice of appeal shall have 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 proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by the circuit court, on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(5)

Hearing by the board of appeals; request; notice; hearing. Upon receipt of a written request seeking an interpretation of the zoning ordinance or an appeal of an administrative decision, the zoning board of appeals shall fix a reasonable time for the hearing of the request and give notice as follows:

a.

Publish notice of the request in a newspaper of general circulation in the township not less than 15 days before the date of the hearing;

b.

Notice shall also be given as provided under subsection (5)c of this section to the owners of property that is the subject of the request. Notice shall also be given as provided under subsection (5)c of this section to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

c.

The notice under subsection (5)b of this section is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States postal service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice. However, if the request does not involve a specific parcel of property, notice need only be published as provided above and given to the person making the request.

d.

The notice shall do all the following:

1.

Describe the nature of the request;

2.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used;

3.

State when and where the request will be considered;

4.

Indicate when and where written comments will be received concerning the request.

(Ord. of 2-2008)

(6)

Representation at hearing. Upon the hearing, any party or parties shall appear in person or by agent or by attorney.

(7)

Decisions of the board of appeals and appeals to the circuit court. The board of appeals shall decide upon all appeals within a reasonable time and reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the zoning administrator from whom the appeal is taken. The board of appeals' decision of such appeals shall be in the form of minutes containing a full record of the findings and determination of the board of appeals in each particular case and the signatures of each member of the board of appeals affixed thereon. Any persons having an interest affected by such decision shall have the right to appeal to the circuit court on questions of law and fact.

(Ord. of 2-2008)