The purpose of this article is to provide guidelines and standards to be followed by the zoning board of appeals (ZBA) to act on matters where this Ordinance or state law gives jurisdiction to the ZBA.

A.

General authority.

1.

As set forth in Section 603(1) of Public Act 110 of 2006, as amended, and herein, the zoning board of appeals shall have the authority to hear and decide questions that arise in the administration of the Zoning Ordinance, including interpretation of the zoning map and to hear and decide appeals from and review any administrative order, requirement, decision, or determination made by an administrative official, planning commission or township board. The zoning board of appeals shall hear and decide upon matters referred to it as required in this Ordinance. Also, the zoning board of appeals may adopt rules to govern its procedures sitting as a zoning board of appeals pursuant to Public Act 110 of 2006, as amended.

2.

The zoning board of appeals shall not have the authority to alter or change the zoning district classification of any property, nor make any change in the text of this Ordinance. The zoning board of appeals shall not have the authority to grant a "use variance." The zoning board of appeals shall not have the authority to hear and decide upon an appeal regarding a special use or a planned development. Further, the zoning board of appeals shall not grant any "non-use" or dimensional variance to any property located in a planned development zoning district, unless specifically authorized by the applicable recorded planned development agreement.

B.

Administrative review.

1.

The ZBA shall have authority to hear and decide appeals where it is alleged that there is an error in an order, requirement, permit, decision, or refusal made by an official, board or commission in carrying out or enforcing any provisions of this Ordinance. The applicant shall request such appeal within 30 days of the date of the order, refusal, requirement, or determination being appealed.

2.

In hearing and deciding appeals under this subsection, ZBA review shall be based upon the record of the administrative decision being appealed, and the ZBA shall not consider new information, which had not been presented to the administrative official, board or commission from whom the appeal is taken. The ZBA shall not substitute its judgment for that of the administrative official, board or commission being appealed, and the appeal shall be limited to determining, based upon the record, whether the administrative official, board or commission breached a duty or discretion in carrying out this Ordinance.

C.

Interpretation. The ZBA shall have authority to hear and decide requests for interpretation of the Zoning Ordinance, including the zoning map. The ZBA shall make such decisions so that the spirit and intent of this Ordinance shall be observed. Text interpretations shall be limited to the issues presented, and shall be based upon a reading of the ordinance as a whole, and shall not have the effect of amending the ordinance. Map interpretations shall be made based upon rules in the ordinance, and any relevant historical information. In carrying out its authority to interpret this Ordinance, the ZBA shall consider reasonable and/or practical interpretations which have been consistently applied in the administration of this Ordinance. Prior to deciding a request for an interpretation, the ZBA may confer with staff and/or consultant to determine the basic purpose of the provision subject to interpretation and any consequences which may result from differing decisions. A decision providing an interpretation may be accompanied by a recommendation for consideration of an amendment of this Ordinance.

D.

Variances. The ZBA shall have authority in specific cases to authorize one or more dimensional or "non-use" variances from the strict letter and terms of this Ordinance by varying or modifying any of its rules or provisions so that the spirit of this Ordinance is observed, public safety secured, and substantial justice done. A dimensional or non-use variance allows a deviation from the dimensional (i.e., height, bulk, setback) requirements of this Ordinance. A use variance authorizes the establishment of a use of land that is otherwise prohibited in a zoning district. The ZBA is not authorized to grant use variances by this Ordinance and Section 604 of Public Act 110 of 2006, as amended. Such authority shall be exercised in accordance with the following standards:

1.

The ZBA may grant a requested "non-use" variance only upon a finding that practical difficulties exist. A finding of practical difficulties shall require demonstration by the applicant of all of the following:

a.

Strict compliance with restrictions governing area, setback, frontage, height, bulk, density or other non-use matters, will unreasonably prevent the owner from using the property for a permitted purpose or will render ordinance conformity unnecessarily burdensome.

b.

The variance will do substantial justice to the applicant, as well as other property owners.

c.

A lesser variance than requested will not give substantial relief to the applicant and/or be consistent with justice to other property owners.

d.

The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district.

e.

The problem and resulting need for the variance has not been self-created by the applicant and/or the applicant's predecessors.

2.

In all variance proceedings, it shall be the responsibility of the applicant to provide information, plans, testimony and/or evidence from which the ZBA may make the required findings. Administrative officials and other persons may, but shall not be required to, provide information, testimony and/or evidence on a variance request. The fact that a variance would increase the value of property or allow an owner to increase profits is not sufficient grounds for granting the variance.

E.

Conditions. The ZBA may impose reasonable conditions in connection with an affirmative decision on an appeal, interpretation or variance request. The conditions may include requirements necessary to insure that public services and facilities affected by a proposed land use or activity will be capable or accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet the following requirements:

1.

Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

2.

Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

3.

Be necessary to meet the intent and purpose of this Zoning Ordinance, be related to the standards established in this Ordinance, be related to the standards established in this Ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.

Conditions imposed with respect to the approval of a variance shall be recorded as part of the ZBA minutes, and shall remain unchanged except upon the mutual consent of the ZBA and the landowner following notice and hearing as required in a new case.

A.

Application. All applications to the ZBA shall be filed with the township clerk, on forms provided by the township, and shall be accompanied by the applicable fee established by resolution of the township board. Applications shall include all plans, studies and other information and data to be relied upon by the applicant. Applications involving a request for a variance shall specify the requirements from which a variance is sought.

B.

A decision by the zoning board of appeals (ZBA) shall be considered the full and final decision by the township. Accordingly, an application for one or more variances shall not be filed, and the ZBA shall not act on such application, until all other applicable zoning procedures (e.g., site plan review, special land use review) have been properly completed.

C.

Plot plans. Applications involving a specific site shall be accompanied by a sketch which includes the following information, where applicable:

1.

Applicant's name, address and telephone number.

2.

Scale, north point and dates of submission and revisions.

3.

Zoning classification of petitioner's parcel and all abutting parcels.

4.

Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 50 feet of the site.

5.

Proposed lot lines and lot dimensions, and general layout of proposed structures, parking areas, driveways, and other improvements on the site.

6.

Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys.

7.

Location of existing drainage courses, floodplains, lakes and streams, and woodlots.

8.

All existing and proposed easements.

9.

Location of sanitary sewer or septic systems, existing and proposed.

10.

Location and size of water mains, well sites, and building service, existing and proposed.

11.

Any additional information required by the zoning board of appeals to make the determination requested herein.

Where an application requests a variance sought in conjunction with a regular site plan review, a site plan prepared according to article 5.00 shall satisfy the requirements of this section.

The zoning board of appeals has the authority to require a land survey prepared by a registered land surveyor or registered engineer when the ZBA determines it to be necessary to insure accuracy of the plan.

The ZBA shall have no obligation to consider and/or grant a request for relief unless and until a conforming and complete application has been filed; including relevant plans, studies and other information.

D.

Applications involving an appeal of administrative order. In a case involving an appeal from an action of an administrative official or entity, the administrative official, or the clerk or secretary of the administrative entity, as the case may be, shall transmit to the ZBA copies of all papers constituting the record upon which the action was taken, together with a letter specifying an explanation of the action taken.

E.

Consent of property owner required. Applications to the ZBA shall be made with the full knowledge and written consent of all owners of the property in question. This requirement shall include the consent of a land contract seller to the relief sought by a land contract purchaser.

F.

Notice. The township shall provide written notice of the hearing of an appeal, variance, or interpretation in accordance with section 4.05 of this Zoning Ordinance.

G.

Stay of proceedings. An appeal shall have the effect of staying all proceedings in furtherance of the action being appealed (with the exception of court proceedings already in process) unless the officer or entity from whom the appeal is taken certifies to the ZBA that, by reason of facts stated in such certification, a stay would in his or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed unless specifically determined by the ZBA, or by a court of competent jurisdiction.

H.

Decision by the zoning board of appeals. The concurring vote of a majority of the membership of the ZBA shall be necessary to reverse any order, requirement, decision, or determination of an administrative official, board of commission made in the administration of this Ordinance, to decide in favor of an applicant on any matter upon which the ZBA is required to pass under this Ordinance, or to grant a "non-use" variance from the terms of this Ordinance.

(Ord. No. 02-12, pt. II, 2-6-2012)

A.

ZBA powers. The ZBA may reverse, affirm, vary of modify any order, requirement, decision, or determination presented in a case within the ZBA's jurisdiction, and to that end, shall have all of the powers of the officer, board or commission from whom the appeal is taken, subject to the ZBA's scope of review, as specified in this Ordinance and/or by law. The ZBA may remand a case for further proceedings and decisions, with or without instructions.

B.

Decision final. A decision by the ZBA shall be considered final as of the meeting at which the decision has been made, and the date of such meeting shall be deemed to be the date of notice of the decision to the applicant. To the extent that decisions are requested or required to be in writing, the minutes of the ZBA meeting and decision, as proposed under supervision of the secretary, shall constitute the written decision.

C.

Period of validity. Any decision of the ZBA favorable to the applicant shall remain valid only as long as the information and data relating to such decision are found to be correct, and the conditions upon which the decision was based are maintained. The relief granted by the ZBA shall be valid for a period not longer than 24 months, unless otherwise specified by the ZBA, and within such period of effectiveness, actual, on-site improvement of property in accordance with the approved plan and the relief granted, under a valid building permit, must be commenced or the grant of relief shall be deemed void. The period of approval may be automatically extended by 12 months if the variance was sought in conjunction with a site plan for which approval has been extended by the planning commission.

D.

Record of proceedings. The township administrative staff, under the supervision of the secretary of the ZBA, shall prepare and keep minutes of the ZBA proceedings, showing the findings, decisions, conditions, if any, and votes of each member in each case, including a member's absence or failure to vote. The minutes shall be within the ultimate authority, and shall be the responsibility, of the secretary of the ZBA, and shall be subject to approval of the ZBA. To the extent that a written decision in a case is requested or required, the minutes, prepared under the supervision of the ZBA secretary, along with the plan submitted, shall serve as the written decision, even if the minutes are awaiting final ZBA approval.

E.

Appeal of a ZBA decision. Appeals of a ZBA decision shall be filed within 30 days after the zoning board of appeals certifies its decision in writing or approves the minutes of its decision, whichever comes first, and shall be made in the manner provided by Section 606 of Public Act 110 of 2006, as amended.

F.

New application for variance. If the ZBA denies a request for a variance, the decision of the ZBA shall not be subject to reconsideration for a period of one year, whereupon the applicant may submit a new application for the variance. However, the ZBA may waive the one-year period if conditions upon which their original decision was made change, or if information relating to their original decision are found to be incorrect or inaccurate.