There is hereby established a Board of Appeals, which shall perform its duties and exercise its powers as provided in Act 184 of the Public Acts of 1943, as amended, in such a way that the objectives of this ordinance shall be observed, the public health and safety secured, and substantial justice done.

The Board of Appeals shall hear and decide only such matters as the Board of Appeals is specifically authorized to pass on as provided in this ordinance. The Board of Appeals shall not have the power to alter or change the zoning districts classification of any property; nor to make any changes in the terms of this ordinance; but does have the power to authorize a variance as defined in this ordinance, to hear appeals on conditional uses, and to issue a temporary use permit when authorized by this ordinance.

The Board of Appeals may authorize upon an appeals, a variance from the strict applications of the provisions of this ordinance where by reason of exceptional narrowness, shallowness, shape, or contour of a specific tract of land at the time of enactment of this ordinance or by reason of exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property. No variance shall be granted to permit the establishment within a district of any use which is excluded or for which a conditional use permit is required. A variance from the terms of this ordinance shall not be granted by the Board of Appeals unless and until:

7.3.1.

A written application for a variance is submitted, demonstrating the following:

a.

That special conditions and circumstances exist 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.

b.

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

c.

That the special conditions and circumstances do not result from the actions of the applicant.

d.

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

e.

That 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.

7.3.2.

The Board of Appeals shall determine that the requirements of the ordinance have been met by the applicant for a variance.

7.3.3.

The Board of Appeals shall determine that the reasons set forth in the application 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.

7.3.4.

The Board of Appeals shall determine that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

7.3.5.

In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this ordinance. 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 ordinance.

7.3.6.

Each variance granted under the provisions of this ordinance shall become null and void unless:

a.

The construction authorized by such variance or permit has been commenced within 180 days after the granting of such variance and pursued diligently to completion; or

b.

The occupancy of land or buildings authorized by such variance has taken place within 180 days after the granting of such variance.

7.3.7.

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 Board of Appeals shall hear and decide appeals where it is alleged by the applicant there is an error in any order, requirement, permit, decision, or refusal made by the Building Inspector or any other administrative official in carrying out or enforcing any provisions of this ordinance including interpretations of the Zoning Map.

7.5.1.

Appeals, how taken. Appeal from the ruling of the Building Inspector, Planning Commission, or Township Board concerning the enforcement of the provisions of this ordinance may be made to the Zoning Board of Appeals within such time as shall be prescribed by the Zoning Board of Appeals by general rule, by the filing with the officer from whom the appeal is taken. This officer shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed was taken.

7.5.2.

Who may appeal. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer, department, board, agency, or bureau of the Township, Village, City, County, or State.

7.5.3.

Fee for appeal. A fee prescribed by the Township Board shall be paid to the Zoning Board of Appeals at the time of filing the notice of appeal which the Zoning Board of Appeals shall pay over, within 30 days after deciding any appeal, to the general fund of the Township Board.

7.5.4.

Effect of appeal; restraining order. An appeal stays all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the Zoning 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 other than by a restraining order which may be granted by the Board of Appeals or by the Circuit Court, on application, of notice to the officer from whom the appeal is taken and on due cause shown.

7.5.5.

Notice of hearing. When a request for an appeal has been filed in proper form with the Zoning Board of Appeals, the Zoning Board of Appeals Secretary or Township Clerk shall immediately place the said request for appeal upon the calendar for hearing, and cause notice, stating the time, place, and object of the hearing to be served personally or by registered return receipt mail at least ten days prior to the date of such hearing, upon the party or parties making the request for appeal.

7.5.6.

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

7.5.7.

Decisions of the Zoning Board of Appeals and appeals to the Circuit Court. The Zoning Board of Appeals shall decide upon all matters within a reasonable time and may 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 Inspector, Planning Commission, or Township Board from whom the appeal is taken. The Zoning Board of Appeal's decision of such appeals shall be in the form of a resolution containing a full record of the findings and determination of the Zoning Board of Appeals in each particular case. Any person having an interest affected by such resolution shall have the right to appeal to the Circuit Court or question of law and fact.