Sec. 8.1. There shall be a Zoning Board of Appeals as provided by the Michigan Zoning Enabling Act (P.A. 110 of 2006, as may be amended) which shall have the powers and duties prescribed by law. The Zoning Board of Appeals shall consist of five (5) regular members and may have to two (2) alternate members. One regular member shall be a member of the Township Planning Commission. One regular member may be a member of the Township Board, provided that member shall not serve as the Chairperson of the Zoning Board of Appeals. The remaining members of the Zoning Board of Appeals shall be selected from the electors residing within the Township, excluding those persons living within any incorporated cities or villages. They shall be appointed for three-year terms unless serving as members of the Planning Commission or Township Board, in which instance they shall be representative of the general population within the Township. A majority of the regular members of the Planning Commission shall be present to hold a meeting. An alternate member may serve in the absence of a regular member upon request of the Chairperson of the Zoning Board of Appeals. The alternate member may also be requested to serve when the regular member is determined to have a conflict of interest relating to a matter before the Zoning Board of Appeals. The alternate member shall serve until the regular member can attend or no longer has a conflict of interest. The alternate member has the same voting rights as a regular member of the Zoning Board of Appeals.

(Ord. No. 139, § 7, 9-8-06)

Sec. 8.2.

a.

Review: The Zoning Board of Appeals shall have authority to review, hear and decide appeals related to any determination made by the Zoning Administrator, or any administrative official charged with enforcement of the Zoning Ordinance. Such decision or determination shall not include appeals of use-related issues associated with special exception uses or rezoning requests.

b.

Interpretation: The Zoning Board of Appeals shall have the authority to interpret the provisions of the Zoning Ordinance and/or determine the appropriate district in which a use, not otherwise listed, should be considered. Formal amendments to the Zoning Ordinance shall be initiated by the Planning Commission following interpretation by the Zoning Board of Appeals. Such interpretation can be requested by the Zoning Administrator, the Planning Commission or the Township Board or upon appeal by an applicant related to the Zoning Administrator's determination.

c.

Variances: The Zoning Board of Appeals shall have the authority to grant non-use variances related to a numerical or dimensional requirement within the Zoning Ordinance. Generally, the application shall specify the variance(s) requested and indicated the practical difficulties associated in carrying out the strict letter of the Zoning Ordinance so that the spirit of the Ordinance shall be observed, public health and safety secured and substantial justice done. In making their decision, the Zoning Board of Appeals shall consider the following standards:

1.

That the variance will not permit the establishment of a use that is not allowed as a permitted or special exception use within the zoning district in which the property is located.

2.

That compliance with the strict letter of the ordinance would unreasonably prevent the owner or applicant from using the property for a permitted use.

3.

That the variance applied for would do substantial justice to the applicant or would give substantial relief to the applicant consistent with the justice to other property owners in the surrounding area.

4.

That the hardship asserted by the applicant is not self-created and is clearly based upon the unique characteristics of the property.

In granting a variance, the Zoning Board of Appeals may impose such conditions that, in their judgment, will secure the objectives of the regulation or provision to which the variance applies and will satisfy the standards listed above for such approval.

(Ord. No. 133, 6-1-04; Ord. No. 139, § 7, 9-8-06)

Sec. 8.3.

a.

Nothing contained in this section shall be deemed to authorize the board to reverse or modify any refusal of a permit or any other order, requirement, decision, or determination which conforms to the provisions of this Ordinance and which, therefore, is not erroneous; nor to authorize the board to validate, ratify, or legalize any violation of law or any of the regulations of this Ordinance.

b.

The board shall not amend any portion of this Ordinance or the zoning map.

c.

A decision of the board permitting the erection or alteration of a building or other use of land shall be valid for a period of six months, during which time a building permit for such erection or alteration must be obtained and the erection or alteration started.

d.

No application for a variance which has been denied wholly or in part by the board shall be resubmitted for a period of one year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the board to be valid.

e.

Variances are granted to the property and not to the property owner.

Sec. 8.4.

a.

Requests for variances, or appeals may be made by submitting an application (or letter) to the Pavilion Township clerk. A fee as determined by the Pavilion Township Board shall accompany the application to help defray cost of processing said application.

b.

A site plan, plot plan or development plan of the total property involved, showing the location of all abutting streets, the location of all existing and proposed structures, the types of buildings and their uses, shall be submitted with each request for a variance or appeal.

(Ord. No. 133, 6-1-04)