There is hereby established a zoning board of appeals, which shall perform its duties and exercise its powers as provided by Public Act No. 110 of 2006 (M.C.L. 125.3101 et seq.) in such a manner that the objectives of this ordinance shall be observed, public safety, morals and general welfare assured, and substantial justice done. The zoning board of appeals shall consist of five members as follows:

1.

The first member shall be a member of the township planning commission.

2.

The second member may be a member of the township board, appointed by the township board, but shall not serve as chair of the zoning board of appeals.

3.

The remaining members shall be selected and appointed by the township board from the electors of the township residing outside of incorporated cities and villages, which members 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 zoning board of appeals. Further, an employee or contractor of the township board may not serve as a member of the zoning board of appeals.

4.

Terms shall be for three years, except for members serving because 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. When members are first appointed, the appointments may be for less than three years to provide for staggered terms. A successor shall be appointed not more than one month after the term of the preceding member has expired. Vacancies for unexpired terms shall be filled for the remainder of the term.

5.

The township board may appoint two alternate members for the same term as regular members of the zoning board of appeals. An alternate member may be called to sit as a regular member of the zoning board of appeals in the absence of a regular member if a regular member is absent from or unable to attend one or more meetings of the zoning board of appeals or for a period of more than 30 consecutive days. An alternate member may also be called to serve in the place of 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 having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the zoning board of appeals.

6.

Members of the zoning board of appeals may be removable by the township board for misfeasance, malfeasance, or nonfeasance in office upon written charges 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 constitutes malfeasance in office.

7.

A township board of appeals shall not conduct business unless a majority of the regular members of the board are present.

8.

The members of the board of appeals shall be selected by the township board at a regularly called meeting. The board of appeals shall elect from its members a chairperson, vice chairperson and secretary. The board of appeals shall submit an annual report of its proceedings to the township board, as well as a proposed budget for the board's consideration in appropriating the monies necessary for the business of the board of appeals. Said report and budget shall be submitted according to the schedule specified by the township board.

9.

The total amount allowed the board of appeals in any one year as per diem or as expenses actually incurred in the discharge of their duties shall not exceed a reasonable sum, which sum shall be appropriated annually in advance by the township board.

(Ord. No. 212.9, § 7(15.00), 10-17-2000; Ord. No. 212.71, 9-3-2007)

The board of appeals shall have the following powers:

1.

To hear and decide appeals of any order, requirement, decision or determination made by the building director or planning commission or other administrative official or body charged with the enforcement of this ordinance in the administration or enforcement of this ordinance (see section 15.03).

2.

Interpret the provisions of the ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the use districts, accompanying and made part of this ordinance, where street layout actually on the ground varies from the street layout as shown on said map.

3.

To grant variances from the provisions of this ordinance as may be in harmony with its general purpose and intent so that the function of this ordinance be observed, public safety and welfare secured, and substantial justice done, including the following:

A.

Permit the erection and use of a building or use of premises for public utility purposes and make exceptions, therefore, to the height and bulk district requirements herein established which said board considers necessary for the public convenience or welfare.

B.

Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.

C.

Permit such modification of the height, area and setback regulations as may be necessary to secure and appropriate improvement of a lot which is of such shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification.

D.

Permit modification to setback, location, site, building screening or site plan requirements when sponsored by the planning commission for a specific proposal that benefits the township by providing better design or efficient use of the site or results in a more creative development.

4.

Permit the phasing of required site plan improvements where the cost of the required improvements are relatively high in relation to the total cost of the applicant's development or addition. Planning commission recommendations shall be required, together with a surety in the amount of the deferred improvements.

5.

Permit temporary buildings and uses in conformance with section 15.05 of this ordinance.

6.

Permit a carnival, outdoor circus or migratory amusement enterprise in an area in a "C-2", "C-3", "C-4", "LM" or "HM" district, provided that attached to the application for a permit shall be a letter of consent from the owner of the property to be used for such purpose.

(Ord. No. 212.9, § 7(15.01), 10-17-2000)

Meetings of the zoning board of appeals shall be held at the call of the chairperson and at such other times as such board may determine or specify in its rules of procedure. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings conducted by said board shall be open to the public. The zoning board of appeals shall adopt its own rules of procedure and keep a public record of its proceedings in the office of the township clerk. The record shall indicate: the vote of each member upon each question; all absences of the members; and the failure of any member to vote. The concurring vote of a majority of the members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision or determination of the building director or planning commission, or to decide in favor of an applicant regarding any matter upon which they are required to pass under this ordinance, or to affect [effect] any variation in this ordinance.

(Ord. No. 212.9, § 7(15.02), 10-17-2000)

These procedures are instituted to hear and decide appeals from, and review an order, requirement, decision or determination made by, an administrative official, commission, board or agency of the township charged with the administration or enforcement of the township zoning ordinance. Procedures for the issuance of a variance are cited in section 15.04 of this ordinance.

1.

An appeal shall be filed with the officer or commission from whom the appeal is taken and with the zoning board of appeals specifying the grounds for the appeal. The applicant shall file with the zoning board of appeals, in writing or on forms furnished by the planning and zoning department, giving notice of appeal and specifying the grounds thereof.

A.

The officer or commission from whom the appeal is taken shall transmit to the zoning board of appeals all materials constituting the record upon which the appeal is taken.

B.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer or commission from whom the appeal is taken certifies to the board after the notice of appeal shall have been filed with him, that by reasons 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 otherwise than by restraining order which may be granted by the zoning board of appeals, or by the circuit court, on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

C.

The zoning board of appeals shall fix a reasonable time for the hearing of the appeal and give notice thereof as required by state law and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney. The zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as, in its opinion, ought to be made in the premises, and, to that end, shall have all the power of the officer or body from whom the appeal was taken and may issue or direct issuance of a permit. Where there are practical difficulties in the way of carrying out the strict letter of such ordinance, the zoning board of appeals shall have the power in passing upon appeals to vary or modify any of its rules, regulations or provisions so that the spirit of the ordinance shall be observed, public safety secured and substantial justice done. The decision of such zoning board of appeals shall be final. However, a party aggrieved by the decision may appeal to the circuit court which shall review the record prepared by the zoning board of appeals consistent with the provisions of Public Act No. 110 of 2006 (M.C.L. 125.3101 et seq.).

D.

The concurring vote of a majority of the members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, commission, department or agency.

E.

All actions of the board shall be stated in writing.

(Ord. No. 212.9, § 7(15.03), 10-17-2000; Ord. No. 212.71, 9-3-2007)

These variance review procedures are instituted to provide an opportunity for the relaxation of the terms of the zoning ordinance through a variance, where such variance will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the actions of the applicant or his predecessors in title, a literal enforcement of the ordinance would result in practical difficulties. As used in this ordinance, a variance is authorized only for height, area and size of structure, or size of yards, open spaces and those listed in section 15.01.2. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in adjoining zoning districts. Variances shall also not be granted for any special land use or PUD once it has been approved by the planning commission.

1.

An application for the approval of a variance shall be made by all owners of an interest in the site to the township planning and zoning department, accompanied by the necessary fees and documents, as provided in this ordinance. Since a variance is the result of a condition unique to a particular lot or structure and not the result of an administrative action, a "denial" is not a required precedent to an application. Any application for either site plan or sign approval that requires a variance must first be considered by the planning commission before an application is submitted to the zoning board of appeals.

2.

The application shall be accompanied by a site plan drawn to the scale of 1″ = 20′ and placed on a standard sheet and containing the following information:

A.

Dimensional elements for which a variance is requested.

B.

Dimensional relationships of the subject lot to the structure on all adjacent lots.

3.

The application shall also be accompanied by a letter of intent explaining the request. The letter shall explain how the requested variance conforms to the standards of section 15.04.07.

4.

The township planning and zoning department shall provide notice of the time and place of the zoning board of appeals meeting at which such application will be considered, as required by state law.

5.

The zoning board of appeals shall consider the application for variance at its next regular meeting, which provides sufficient time for notice as required heretofore, or within not more than 45 days after receipt of the application by the township planning and zoning department and hear and question any witness appearing before the board.

6.

The zoning board of appeals shall approve, with or without conditions, or deny the application and shall communicate its action, in writing, to the applicant, the township board, the building director, and the planning commission within one week from the time of the meeting at which it considered the application.

Reasonable conditions may be required with the approval of an application. Conditions may include conditions necessary to insure that public services and facilities affected by a variance will be capable of accommodating increase services and facilities affected or caused by the variance activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent properties and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet one of the following requirements:

A.

Designed to protect either natural resources, or the health, or safety, or welfare, or social economic well being of those who will use the land or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, or the community as a whole.

B.

Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

C.

Be necessary to meet the intent and purpose of the zoning ordinance, be related to the standards established in the ordinance for the variance or activity under consideration, and be necessary to insure compliance with those standards.

7.

The zoning board of appeals shall consider the following factors in evaluating a variance application:

A.

The condition was not created by the applicant or a previous owner of the subject property or reasonably discoverable by the current owner.

B.

The property in question has unique physical features or other unique characteristics.

C.

The parcel cannot be reasonably used for uses permitted in the district without granting the variance.

D.

Strict application of the provisions of the zoning ordinance would be unreasonably burdensome on the applicant.

E.

The variation would not cause a substantial injustice to nearby properties nor cause public safety concerns.

F.

The variance would not bestow a special right or privilege upon the applicant.

G.

A lesser variance would not give substantial relief to the applicant.

H.

The variance request is not primarily related to a personal or economic hardship, rather it is related to a unique physical feature of the property.

8.

The building administrator shall, upon receipt of the notice of approval and upon application by the applicant, collect all required fees and issue a building permit or such other approval permitting the variance, subject to all conditions imposed by such approval.

(Ord. No. 212.5, § 35, 7-20-1999; Ord. No. 212.9, § 7(15.04), 10-17-2000; Ord. No. 212.71, 9-3-2007)

1.

The zoning board of appeals may permit, upon proper application, major or minor temporary structures for periods not to exceed six months. The granting of six-month extensions shall be permissible, but in no event shall any temporary structure or sign be allowed to exist in excess of two years. The zoning board of appeals, in granting permits for temporary structures, shall do so under the following conditions:

A.

The proposed temporary structure shall conform to all regulations and township ordinances relative to structures permitted in the particular zoning district wherein the proposed temporary structure would be located except as provided herein.

B.

The temporary structure permit shall be granted in writing, stipulating all conditions as to time for construction and removal and nature of the proposed structure.

C.

No temporary structure permit shall be granted without the applicant having filed with the building department [planning and zoning coordinator] a bond, in an amount to be determined by the zoning board of appeals, which amount shall be set forth in the written grant of the temporary structure permit, which amount shall be sufficient to secure removal of said structure upon the expiration of the permit.

D.

Any temporary structure permit granted by the zoning board of appeals shall not be valid unless and until a building permit for the proposed structure is obtained by the applicant. Any erection or construction of the temporary building shall be started and proceed to completion in accordance with the terms of the building permit. All setback, land coverage, lighting, off-street parking and other requirements shall be established and made at the discretion of the zoning board of appeals.

E.

The zoning board of appeals may, at its discretion, refer the application to the township planning commission for review and recommendation.

F.

The erection, construction, completion, use and maintenance of any temporary structure shall, at all times, be in full compliance with all state statutes, public health regulations and township ordinances.

2.

The zoning board of appeals may also permit, upon proper application, major or minor temporary uses not otherwise permitted in any zoning district which do not require the erection of any capital improvement of a structural nature. Such grant of temporary use shall not exceed 12 months. The granting of 12-month extensions shall be permitted. In granting such permits for temporary use, the zoning board of appeals shall do so only under the following conditions:

A.

The granting of the temporary use shall be in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit.

B.

The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the zoning district nor on the property wherein the temporary use is permitted.

C.

The use shall be in harmony with the general character of the zoning district.

D.

All setbacks, land coverage, lighting, off-street parking and other requirements are to be considered in order to protect the public health, safety, peace and general welfare of the inhabitants of the township. All such requirements shall be established and made at the discretion of the zoning board of appeals.

E.

The township planning and zoning department shall notify the applicant and all owners of an interest in lots, as recorded on the township tax roll, located immediately abutting or directly across the street from the subject property for which the temporary use or temporary structure is being requested, of the time and place of the zoning board of appeals meeting at which such application will be considered; provided, however such notice shall be given not less than five days before such meeting.

F.

Prior to the zoning board of appeals taking any action on an application for temporary use permit, the board of appeals may, at its discretion, refer the application to the township planning commission for review and recommendation.

3.

The zoning board of appeals may revoke a permit or approval for any temporary structure, or temporary use for any violation of the terms of the permit or grant of such temporary structure or temporary use.

4.

Permits for minor buildings and uses of a temporary nature may be issued by the planning director, subject to the requirements of section 16.09. At the discretion of the planning director, an application for a minor building or use of a temporary nature may be referred to the zoning board of appeals for their review and approval, approval with conditions, or denial, under the provisions of this section 15.05.

(Ord. No. 212.5, § 36, 7-20-1999; Ord. No. 212.9, § 7(15.05), 10-17-2000)

1.

Except as provided in section 15.05, no order of the zoning board of appeals permitting the erection or alteration of a building shall be valid for a period longer than two years. A building permit for such erection or alteration shall be obtained within such period, and such erection or alteration shall be started and proceed to completion in accordance with the terms of such permit.

2.

Except as provided herein, no order of the zoning board of appeals permitting a use of a building or land shall be valid for a period longer than two years. Such use shall be established within such period; provided, however, that where such order shall continue in force and effect if a building permit for said erection or alteration shall be started and proceed to completion in accordance with such permit.

(Ord. No. 212.9, § 7(15.06), 10-17-2000; Ord. No. 212.85, 3-15-2011)

Any person aggrieved by a decision of the township board concerning the disapproval or partial disapproval of a special land use or planned unit development may appeal the decision of said body to the zoning board of appeals. The zoning board of appeals shall review such decision de novo with reference to the standards for special land uses and/or planned unit developments established in this ordinance. It is the intent of the township board to grant the zoning board of appeals the power of appellate review consistent with section 603(1) of Public Act No. 110 of 2006 (M.C.L. 125.3603).

(Ord. No. 212.9, § 7(15.07), 10-17-2000; Ord. No. 212.71, 9-3-2007)