A Zoning Board of Appeals ("Board of Appeals") is hereby established in accordance with Act 110 of the Public Acts of the State of Michigan for 2006, as amended, to carry out the responsibilities provided therefrom, and those delegated herein.

(Ord. No. 144, 8-13-2019)

(a)

Membership to the Board of Appeals shall consist of not less than five members. The first member of the Board of Appeals shall be a member of the Planning Commission. The second member shall be a member of the Township Board and appointed by the Township Board. The third, fourth, and fifth members shall be selected and appointed by the Township Board from among the electors residing in the unincorporated area of the Township. The third, fourth, or fifth member, or any employee of the Board of Appeals, shall not serve while simultaneously serving as an elected official or employee of the Township Board.

(b)

Terms. Terms of office shall be three years, except that the first members appointed to the Board of Appeals shall stagger their terms of office with some serving one year, some serving two years and some serving three years respectively. The term of the Planning Commission member shall be limited to their term of office as a member of the Planning Commission.

(c)

Alternate Members. The Township Board may appoint two alternate members to the Board of Appeals for the same term as regular members. An alternate member may be called as specified to serve as a member of the 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 of the Board of Appeals for purposes of reaching a decision on a case in which a 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 when serving on the Board of Appeals shall have the same voting rights as a regular member.

(d)

Removal. A member of the Board of Appeals may be removed by the Township Board 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)

An employee or contractor of the Township shall not serve as a member of the Board of Appeals.

(f)

A member of the Township Board who is also a member of the Board of Appeals shall not serve as chair of the Board of Appeals.

(g)

A member of the Board of Appeals 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 the Planning Commission or the Township Board. The member may consider and vote on the other unrelated matters involving the same property.

(Ord. No. 144, 8-13-2019)

The Board of Appeals shall have all powers and jurisdiction granted under the Zoning Act (MCL 125.3201 et seq.), including the following:

(a)

The jurisdiction and power to hear and decide all questions that arise in the administration of this Ordinance, including interpretation of the zoning maps.

(b)

The jurisdiction and powers to hear and decide matters as prescribed in other articles of this Ordinance.

(c)

The jurisdiction and powers to hear and decide appeals from and review of any administrative order, requirement, decision or determination made by an administrative official or body charged with enforcement of this Ordinance.

(d)

The Zoning Board of Appeals shall have no jurisdiction or authority to hear appeals from the final decision made by the Planning Commission or Township Board with respect to conditional uses and planned unit developments including any conditions attached to a conditional and planned unit developments.

However, the Zoning Board of Appeals may grant a variance from the requirements set forth for the specific standards for conditional uses in Article 24 of this Ordinance, provided the Zoning Board of Appeals finds that the request meets all of the standards for approval of a variance contained herein. Decisions by the Zoning Board of Appeals on requests for variances from the specific standards for conditional uses shall be made prior to the Planning Commission's consideration of the conditional use.

(e)

The jurisdiction and power to grant a non-use variance where there are practical difficulties in the way of carrying out the strict letter of this Ordinance so that the spirit of this Ordinance shall be observed, public safety secured, and substantial justice done.

(f)

The power and authority to adopt rules of procedure.

(g)

The Board of Appeals shall not have the power or jurisdiction to do any of the following:

(1)

To grant a use variance.

(2)

To change or alter the zoning district classification of any property.

(3)

To make any change in the terms or language of this Ordinance. (When called upon, the Board of Appeals may interpret the terms and language of this Ordinance where there is some ambiguity as to its meaning and its application to a specific case.)

(h)

An appeal to the Board of Appeals may be taken by a person aggrieved or by an officer, department, board or bureau of the state or local unit of government.

(i)

Any matters brought before the Board of Appeals under subsections (a)—(e) of this section shall be brought as an appeal to the Board of Appeals and shall be heard and decided in accordance with those general and specific requirements and procedures of this division applicable to such case.

(Ord. No. 144, 8-13-2019)

(a)

Officers and Rules. The Zoning Board of Appeals shall annually elect its own chairperson, vice-chairperson, and secretary. The Board shall adopt its own rules of procedure and by-laws.

(b)

Meetings.

(1)

Meetings of the Zoning Board of Appeals shall be held at the call of the chairperson and at other times as the Zoning Board of Appeals in its rules of procedure may specify. The chairperson or, in his or her absence, the acting chairperson may administer oaths and compel the attendance of witnesses.

(2)

The Zoning Administrator or their representatives shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Such records shall be filed with the Township Clerk.

(c)

The presence of three members shall constitute a quorum. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass by this Ordinance, or to grant variances from the terms of this Ordinance. A member shall disqualify themselves from a vote in which there is a conflict of interest.

(d)

Public Hearings.

(1)

Upon appeal, the Zoning Board of Appeals shall hold a public hearing on all matters referred to it, or upon which it is required to act. Notice of the hearing shall be as required by Article 33 herein.

(2)

For a request seeking an interpretation of the Zoning Ordinance or an appeal of an administrative decision, a notice of a public hearing shall be published in a newspaper of general circulation within the Township and shall be sent to the person seeking the interpretation or appeal not less than 15 days before the public hearing. In addition to the newspaper notice required by the above paragraph, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation request and notice of the public hearing on the interpretation request shall also be sent by first-class mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of the property in question. If a tenant's name is not known, the term "occupant" may be used.

(Ord. No. 144, 8-13-2019)

(a)

An application for an appeal may be submitted by a person aggrieved, or by an officer, department, or board of the Township. The application shall be filed with the Zoning Administrator and shall specify the grounds for the appeal.

(b)

Variances, and other actions requiring a decision of the Zoning Board of Appeals shall be submitted to the Township on a form provided for that purpose and shall include a fee, as may be determined by the Township Board from time to time.

(c)

Applications shall not be accepted unless all of the following information is submitted:

(1)

A completed application form (provided by the Township).

(2)

An accurate, scaled site plan with enough information to clearly indicate the nature of the issue being considered. The Zoning Administrator shall determine the completeness of such plans.

(3)

An application fee as may be determined by the Township Board from time-to-time.

(4)

A written explanation from the applicant stating how the application meets the standards of Section 109-32.06.

(d)

Applications shall be transmitted to the Zoning Board of Appeals, along with all the papers constituting the record upon which the action appealed was taken, and a public hearing scheduled in accordance with the procedures of this Chapter.

(e)

Upon the day for hearing any application or appeal, the Board of Appeals may adjourn the hearing in order to permit the obtaining of additional information, or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal. In the case of any adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing unless the board so decides.

(f)

An application for an appeal or variance, or any other action requiring Board approval shall stay all proceedings in furtherance of the matter to which the application applies unless the Zoning Administrator certifies to the Zoning Board of Appeals, after the application of appeal is filed, that by reason of facts present a stay would, in the opinion of the Zoning Administrator, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order. This restraining order may be granted by the Zoning Board of Appeals or Circuit Court on application and with due cause shown.

(g)

A request which has been denied by the Zoning Board of Appeals shall not be submitted for reconsideration within a six-month period from the date of the original application unless the Zoning Board of Appeals finds that at least one of the following conditions exist: That the conditions involving all of the reasons for the original denial have been significantly altered; or That new conditions or circumstances exist which change the nature of the original request.

(Ord. No. 144, 8-13-2019)

(a)

Subject to the provisions of this section, the Board of Appeals, after public hearing shall have the power to decide applications for variances filed as hereafter provided:

(1)

Where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant, or refusal made by the Zoning Administrator in the carrying out or enforcement of the provisions of this Ordinance.

(2)

Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property on the effective date of this article, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of the land, building or structure, or of the use or development of property immediately adjoining the property in question, the literal enforcement of the requirements of this Ordinance would involve practical difficulties or would cause undue hardships; provided, that the Board of Appeals shall not grant a variance on a lot of less area than the requirements of its zone district, even though such lot existed at the time of passage of this Ordinance if the owner or members of his immediate family owned adjacent land which could without undue hardship be included as part of the lot.

(3)

Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Ordinance relating to the construction, structural changes in equipment, or alterations of buildings or structures, so that the spirit of this Ordinance shall be observed, public safety secured, and substantial justice done.

(4)

Where an applicant can present proof of a practical difficulty in the way of carrying out the strict letter of the Ordinance, the Zoning Board of Appeals, after a public hearing, shall have the power, in passing on appeals, to vary or modify any of its rules, regulations, or provisions, by granting a variance and in so doing ensure that the spirit of this chapter is observed, public safety secured and substantial justice done.

(b)

Variance Standards. In order to grant a variance as permitted by this section the Zoning Board of Appeals must find that all of the following standards have been met:

(1)

That there are exceptional or extraordinary circumstances or conditions applying to the property in question that do not apply generally to other properties in the same zoning district and that these conditions create a practical difficulty for the applicant in using the property for a permitted use.

(2)

That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and vicinity.

(3)

The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

(4)

That the immediate practical difficulty causing the need for the variance request was not created by any affirmative action of the applicant.

(5)

That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purposes of this Ordinance or the public interest.

(6)

That the condition or situation of the specific piece of property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.

(Ord. No. 144, 8-13-2019)

In authorizing a variance or exception, the Board of Appeals may, in addition to the specific conditions of approval called for in this Ordinance, attach thereto such other reasonable conditions regarding the location, character, landscaping or treatment reasonably necessary to the furtherance of the intent and spirit of this Ordinance and the protection of the public interest. Such conditions shall comply with the stipulations of Zoning Act (MCL 325.3201 et seq.).

(Ord. No. 144, 8-13-2019)

Any variance granted by the Zoning Board of Appeals shall become void if the construction, occupancy or other actions authorized by such variance have not commenced within one year from the date when the variance was granted. The Zoning Board of Appeals, however, may grant an extension of the time period for not more than one year if the applicant files a request for an extension with the Zoning Administrator before the variance period expires and the Zoning Board of Appeals finds that an extension is warranted due to circumstances beyond the control of the applicant. Such request shall be considered at a public meeting of the Board of Appeals but a public hearing shall not be required.

(Ord. No. 144, 8-13-2019)

The decision of the Zoning Board of Appeals shall be final. However, any person having an interest affected by any such decision may appeal to the circuit court to the extent and in the manner permitted by law. Such appeal shall be filed within 30 days after the Zoning Board of Appeals issues its decision in writing signed by the chairperson, or 21 days after the Zoning Board of Appeals approves the minutes of the decision, whichever comes first.

(Ord. No. 144, 8-13-2019)