A zoning board of appeals, hereinafter referred to as the board of appeals, is hereby established, in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. No. 275, § 15.01, 10-21-2003)

1. Membership generally.
   1. The board of appeals shall consist of five members appointed by the township board. The first member shall be a member of the township planning commission. The remaining members shall be selected from the electors of the township residing in the unincorporated area of the township. One regular member may be a member of the township board. The members selected shall be representative of the population distribution and of the various interests present in the township. An elected officer of the township shall not serve as chairman of the board of appeals.
   2. 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 as specified in this chapter to serve as a regular member of the zoning board of appeals in absence of a regular member if the regular member is absent from or will be unable to attend one or more meetings of the zoning board of appeals. An alternate member may also be called to serve as a regular 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.
2. Removal; conflict of interest. Members of the board of appeals shall be removable by the township board for misfeasance, malfeasance, or nonfeasance in office upon written charges and after 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 malfeasance in office.
3. Terms of office. The term of office of each member shall be three years, except for members serving because of their membership on the planning commission or township board, whose terms shall be limited to the time they are members of the planning commission or township board respectively, and the period stated in the resolution appointing them. A successor shall be appointed within 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. The expiration of the terms of members appointed from the electorate shall be adjusted so that all do not expire at the same time. 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.

(Ord. No. 275, § 15.02, 10-21-2003)

1. Rules. The board of appeals shall adopt rules and regulations to govern its procedures. The board of appeals shall elect a chairman, vice-chairman, and secretary from its membership at its first meeting following January 1 of each year. The officers shall serve until successors are elected.
2. Votes. A concurring vote of a majority of the members of the board of appeals shall be necessary for any decision. The board of appeals shall not conduct business unless a majority of its members is present.
3. Representation. Any person may appear on his behalf at a hearing or may be represented by an agent or attorney.
4. Time limit. The board of appeals shall decide upon all matters within a reasonable time, not to exceed 90 days from the filing date. The decision of the board of appeals shall be in the form of a resolution containing a full record of its findings and determinations in each case. The time limit may be extended by written agreement between the applicant and appellant and the board of appeals.
5. Meetings. Meetings of the board of appeals shall be held at the call of the chairman and at such times as the board in its rules and regulations might specify. Minutes shall be kept of each meeting and the board shall record into the minutes all findings, conditions of approval, facts, or other relevant factors, and all its official actions. The vote of each member upon a question, or a member's absence or abstention, shall be recorded into the minutes of the meeting. All meetings and records shall be open to the public. All records of meetings shall be filed in the office of the township clerk.
6. Oaths. The chairman of the board of appeals, or in the chairman's absence, the acting chairman, may administer oaths and compel the attendance of witnesses.
7. Public hearings and notification.
   1. Notification procedure. The board of appeals shall hold a public hearing on each question submitted to it for decision. The chairman shall fix a reasonable time and date for the hearing. A notice of the public hearing shall be published once in a newspaper which circulates in the township. Notice shall also be sent by mail or personal delivery to the owners of property for which approval is being considered. Notice shall also be sent to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction. The notice shall be given not less than 15 days before the date the application will be considered for approval. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection.
   2. Contents of notification. The notice of public hearing shall:
      1. Describe the nature of the request.
      2. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.
      3. State date, time and place of the public hearing.
      4. Indicate when and where written comments will be received concerning the request.

(Ord. No. 275, § 15.03, 10-21-2003; Ord. No. 2010-01, § 1, 2-23-2010)

1. General powers. The board has the power to act on matters as provided in this chapter and Public Act No. 110 of 2006 (MCL 125.3101 et seq.). The specific powers of the board are enumerated in this section.
2. Delegated duties. To hear and decide on all matters referred to it upon which it is required to pass under this chapter.
3. Administrative review. The board shall hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official or body in the enforcement of this chapter. In exercising the powers set forth in this article, the board of appeals may reverse or affirm wholly or partly, or may modify, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the zoning official from whom the appeal is taken.
4. Interpretation.
   1. The board shall hear and decide requests for interpretation of this chapter or the zoning map, taking into consideration the intent and purpose of this chapter and the waste plan.
   2. In an interpretation of the zoning map, the board shall be governed by the rules of interpretation set forth in section 36-68(d).
   3. A record shall be kept by the board of all decision for interpretation of this chapter or zoning map and land uses which are approved under the terms of this section. The board shall request the planning commission to review any ordinance amendment it deems necessary.
5. Variances. Where, owing to special conditions, a literal enforcement of the provisions of this chapter would involve practical difficulties or cause unnecessary hardship within the meaning of this article, the board of appeals shall have power upon appeal in specific cases to authorize such variation or modification of the provisions of this chapter with such conditions and safeguards as it may determine as may be in harmony with the spirit of this article and so that public safety and welfare be secured and substantial justice done. No such variance or modification of the provisions of this chapter shall be granted unless it appears that all of the following facts and conditions exist:
   1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or class of uses in the same district;
   2. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity;
   3. That the granting of such variance or modification will not be materially detrimental to the public welfare or materially injurious to the property or improvements in such zone or district in which the property is located;
   4. That the granting of such variance will not adversely affect the purpose or objectives of the master plan of the township;
   5. Absent exceptional circumstances which would otherwise result in substantial injustice, the circumstances or conditions upon which the variance is based do not result from the actions of the applicant or his predecessors in title.
6. Limitation of authority. The board shall not have the power to alter or change zoning district boundaries, except where uncertainty exists as to the location of a boundary, land use classifications of any property, or chapter text.

(Ord. No. 275, § 15.04, 10-21-2003)

1. All questions concerning administrative decisions under this chapter shall first be presented to the applicable township official. Such questions shall be presented to the board of appeals only on appeal from the decisions of the applicable township official.
2. Appeals shall be filed within 60 days of the decision in question at the township office. The township clerk shall transmit a copy of the appeal and related information to the zoning official and each member of the board of appeals within three days of the filing date. The appellant shall submit a clear description of the order, requirement, decision, or determination for which the appeal is made and the grounds of the appeal. The appellant may be required by the board of appeals to submit additional information to clarify the appeal. The zoning official shall transmit to the board of appeals copies of all papers constituting the record upon which the action appealed from was taken, within seven days of the filing date.
3. Appeals may be taken by the person aggrieved or by any officer, department, board, agency, or bureau of township, county, state or federal governments.
4. An appeal stays all proceedings in the furtherance of the action appealed from, unless the zoning official certifies to the board of appeals that a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the zoning official from whom the appeal is taken, and on due cause shown.

(Ord. No. 275, § 15.05, 10-21-2003)

1. An application for a variance shall be filed by the record owner of the lot in question, or by an agent authorized in writing to act on the record owner's behalf, with the township clerk. The applicant shall provide such information as is required by the board of appeals by way of completed application form, fee and additional information.
2. No order of the board of appeals permitting the erection or alteration of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such a period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. Upon reapplication to the board of appeals, extensions not exceeding six months each may be granted upon a showing of good cause and good faith efforts being made to achieve completion.
3. No order of the board of appeals permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such a period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for the erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of the permit. Upon reapplication to the board of appeals, extensions not exceeding six months each may be granted upon a showing of good cause and good faith efforts being made to achieve completion.
4. An application for a variance which has been denied wholly or in part by the board of appeals shall not be resubmitted for a period of 365 days from the date of denial, except on grounds of new evidence or changed conditions found by the board of appeals to be valid.

(Ord. No. 275, § 15.06, 10-21-2003)

If an application or appeal to the board of appeals requires site plan approval by the planning commission, the applicant or appellant shall first apply for preliminary site plan approval as set forth in article VI of this chapter. The planning commission shall review said plan and shall determine the layout and other features required to obtain approval of said plan. The planning commission shall then transmit the plan and the commission's findings thereon to the board of appeals. The board of appeals shall, upon deciding on the application or appeal, return the plan and its decision thereon to the planning commission for commission action on the preliminary site plan.

(Ord. No. 275, § 15.07, 10-21-2003)