A.

Establishment. There shall be a zoning board of appeals as provided by the Michigan Zoning Enabling Act (2006 PA 110, as it may from time to time hereafter be amended) which shall have such powers and duties as prescribed herein and as otherwise prescribed by law. The zoning board of appeals shall consist of three members. The first member of the zoning board of appeals shall be a member appointed by the township board from the township Zoning Commission (Planning Commission). The remaining members of the zoning board of appeals shall be selected from electors of the township residing outside of any incorporated cites or villages. The members selected shall be representative of the population distribution and of the various interests present in the Township. One member may be a member of the township board but shall not serve as chairperson of the zoning board of appeals. An employee or contractor of the township board may not serve as a member of the zoning board of appeals. The term of each member shall be for three years, except for members serving because of their membership on the Zoning Commission (Planning Commission) or township board, whose terms shall be limited to the time they are members of those bodies.

B.

Alternate members. The township board may appoint not more than two alternate members for the same term as regular members to the zoning board of appeals. An alternate member may be called by the chairman of the zoning board of appeals or his/her designee to serve as a member of the zoning board of appeals in 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 by the chairman of the zoning board of appeals or his/her designee to serve as a 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.

C.

[Board established.] A zoning board of appeals is hereby established, which shall consist of three members, appointed by the township board. The first member of the board of appeals shall be a member of the township Zoning Commission (Planning Commission). The remaining members of the board of appeals shall be selected from the electors of the township residing outside of the incorporated cities and villages. The members shall be representative of the population distribution and of the various interests present in the township. One member may be a member of the township board. An elected officer of the township shall not serve as chairman of the board of appeals. An employee or contractor of the township board may not serve as a member of the township board of appeals. Members of the board of appeals shall be removable by the township board for nonperformance of duty or misconduct in office upon charges and after a public hearing. A member shall disqualify himself from a vote in which he has a conflict of interest. Failure of a member to disqualify himself from a vote in which he has a conflict of interest shall constitute misconduct in office.

D.

[Terms.] The term of each member shall be for three years, except that of the members first appointed, two members shall serve for two years and the remaining member for three years. A successor shall be appointed not more than one month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.

E.

[Quorum required.] The township zoning board of appeals shall not conduct business unless a majority of the members of the board are present.

F.

[Procedures.] The zoning board of appeals shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings and hearings shall be open to the public.

G.

[Minutes.] The zoning board of appeals 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 keep records of its examinations and other official actions, all of which shall be a public record and be filed in the office of the township clerk.

A.

Powers of the zoning board of appeals. The zoning board of appeals shall have the following specified duties and powers:

(1)

Review. The zoning board of appeals shall have authority to hear and decide appeals from and review any order, requirement, decision or determination made by any administrative official charged with enforcement of any provisions of this ordinance, except for decisions pertaining to special exception uses, planned unit developments, or site plan review.

(2)

Interpretation.: The zoning board of appeals shall have the power to interpret the provisions of this ordinance.

(3)

Variances. The zoning board of appeals shall have the power to grant nonuse variances relating to the construction, structural changes, or alteration of buildings or structures related to dimensional requirements of the zoning ordinance or to any other nonuse-related standard in the ordinance where there are practical difficulties in the way of carrying out the strict letter of this ordinance so that the spirit of the ordinance shall be observed, public health and safety secured, and substantial justice done. In making this determination, the standards set forth in the following subsection shall apply.

a.

Standards. Before granting a variance, the zoning board of appeals shall find that all of the following standards are met.

1.

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

2.

That compliance with the strict letter of the zoning ordinance would unreasonably prevent the owner or occupant of the property from using the property for a permitted purpose, or would render conformity with the Zoning ordinance unnecessarily burdensome.

3.

That a grant of the variance applied for would do substantial justice to the applicant as well as to other property owners in the surrounding area or, in the alternative, that a lesser relaxation than that applied for would give substantial relief to the owner or occupant of the property involved and be more consistent with justice to other property owners.

4.

That the hardship asserted by the applicant by way of justification for a variance is due to unique circumstances of the property.

5.

That the hardship asserted by way of justification for the variance is not self-created.

6.

That, in granting a variance, the zoning board of appeals is insuring that the spirit of the Zoning Ordinance is observed, public safety secured, and substantial justice done.

b.

Conditions to variance. In granting a variance, the zoning board of appeals may impose such conditions in connection with the granting of a variance that will, in its judgment secure substantially the objectives of the regulations or provisions to which the variance applies and assure satisfaction of the standards set forth above governing the granting of a variance.

c.

Approval periods. The grant of a variance shall be acted upon within one year by commencing construction of the building or structure for which the variance was obtained; otherwise, the variance approval shall be deemed revoked and inoperative. Variances granted which render vacant lots that would otherwise be unbuildable under the terms of this ordinance buildable (e.g., variances from lot area, lot width, road frontage or lot depth-to-width ratio requirements) shall not be subject to the above one-year limitation.

B.

[Authority.] As the authority of the board of appeals originates from this ordinance and state law,

(1)

In exercising the above powers, the board of appeals so long as its action is in conformity with the terms of this ordinance may reverse or affirm, wholly or partly, or may modify the order, requirement, decisions or determination as ought to be made and to that end shall have the powers of the zoning administrator from whom the appeal is taken.

(2)

The concurring vote of two members of the board of appeals shall be necessary to reverse any order, requirements, 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 under this ordinance or effect any variance in the application of this ordinance.

A.

It is the intent of this ordinance that all questions under appellate jurisdiction shall be presented to the zoning board of appeals only on appeal from the decision of the zoning administrator. Any request for variances constituting matters under original jurisdiction of the zoning board of appeals via the zoning administrator shall not be construed as an appeal from a decision of the zoning administrator.

B.

It is further the intent of this ordinance that the township board, if it so decides, shall hear and decide questions of interpretation and enforcement that may arise. Special land uses, planned unit developments and special site plan reviews are reserved for review and final decision by the township board.