A board of appeals shall be established pursuant to Public Act No. 110 of 2006 (MCL 125.3101 et seq.), as amended and shall consist of at least five members. Said board shall be constituted and perform the duties and powers prescribed under said act and as provided in this ordinance. When said act presumes to grant the board more discretion or powers than this ordinance provides, then said board shall act in accordance with the intent of this ordinance.

(Ord. of 3-21-2005, § 2700)

Meetings of the board of appeals shall be held at the call of the chairman and at such other times as the board may determine by its rules. All hearings conducted by the board shall be open to the public. The board shall maintain a record of its proceedings in the office to the township clerk which shall be a public record. The board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence relative to the matters before it.

(Ord. of 3-21-2005, § 2705)

An appeal may be taken to the board of appeals by any person, firm or corporation, or by an officer, department, board or bureau affected by a decision of the building inspector. Such appeal shall be taken within such time as shall be prescribed by the board of appeals by its rules, by filing with the building inspector and with the board of appeals a notice of appeal, specifying the grounds thereof. The building inspector shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken. A fee to be established by resolution of the township board shall be paid to the township clerk or designated official at the time the notice of appeal is filed. The notice of appeal shall also specify the requirements from which a variance is sought and the nature and extent of such variance on application forms supplied by the township clerk or other administrative official. An appeal shall stay all proceedings in furtherance of the appealed decision unless the building inspector certifies to the board after notice of appeal has been filed with him that by reason of the facts stated in the certificate a stay, would in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed.

(Ord. of 3-21-2005, § 2710)

1.

The board of appeals shall fix a reasonable time for the hearing of appeals and shall give due notice thereof to the parties. The board of appeals may determine that the nature of an application is such that other property owners should be notified by mail of the hearing date.

2.

Any person shall be accorded the right to appear in person or be represented by a duly authorized agent.

3.

The board of appeals shall prepare an official record of each appeal and shall base its decision on this record. The official record shall include:

a.

The relevant administrative records and the administrative orders issued thereon relating to the appeal;

b.

The notice of the appeal;

c.

Such documents, exhibits, photographs, or written reports as may be submitted to the board for its consideration;

d.

Board members personal viewing of the property; and

e.

Other relevant facts as determined by the hearing.

(Ord. of 3-21-2005, § 2715)

1.

The written findings of fact, the conditions attached, and the decisions and orders of the board of appeals in disposing of the appeal shall be entered into the official record after they have been signed by the chairman of the board of appeals and after written notice of the disposition of the appeal has been served, either in person or by mail, upon the building official and the township clerk, and if requested, upon the applicant.

2.

A copy of the official record of an appeal shall be made available for the parties to the appeal upon request and after the payment of such fee therefor as may be determined by the township board.

(Ord. of 3-21-2005, § 2720)

The board of appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this ordinance, but does have power to act on those matters where this ordinance provides for an administrative review, interpretation, exception, and to authorize a variance as defined in this section, and laws of the state. Said powers include:

1.

Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order requirement, permit, decision or refusal made by the building inspector or any other administrative official in carrying out or enforcing any provision of this ordinance. If a variance is granted to a site plan reviewed by the planning commission under section 2810, the plan shall be referred back to the planning commission for review.

2.

Variance. To authorize, upon an appeal, a variance from the strict application of the provisions of this ordinance where by reason of narrowness, shallowness, shape or area of a specific piece of property, or by reason of topographic conditions, or other conditions, the strict application of the regulations would result in undue hardship upon the owner of such property. In granting a variance, the board may attach thereto such conditions regarding the location, character, and other features of the proposed uses that it may deem reasonable in furtherance of the purpose of this ordinance. In granting a variance, the board shall state the grounds upon which it justifies the granting of a variance.

3.

Exceptions, interpretation, and special approvals. To hear and decide requests for exception, interpretations of the zoning map, decisions on special use approvals where this ordinance specifically authorizes the board to pass. Any approval shall be subject to such conditions as the board may require to promote the intent and purpose of this ordinance. Such exceptions, interpretations and special approvals include:

a.

Interpreting the provisions of this ordinance in such a way as to carry out the intent and purpose of the master plan for future land use; and

b.

Permit the erection and use of a building or use of premises for public utility purposes.

4.

Temporary uses of buildings.

a.

Permit temporary buildings and uses for periods not to exceed 12 months in undeveloped sections of the township and for periods not to exceed six months in developed sections. Said permit may be renewed for such periods as the board may determine appropriate but not to exceed 12 months and six months respectively. In any event, not use of a temporary building shall exceed a period of two years.

b.

Permit any temporary uses which do not require the erection of any capital improvement of a structural nature for a period of 12 months which may be renewed for up to 12 months.

5.

Conditions of granting. In granting permits for the above temporary uses, the board shall do so under the following conditions:

a.

The granting shall in no way constitute a change in the basic uses permitted in the district not on the property.

b.

The granting 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 permit.

c.

All setbacks, land coverage, off-street parking, lighting and other requirements to be considered, shall be made at the discretion of the board of appeals.

d.

In classifying uses as not requiring capital improvement, the board of appeals shall determine that they are either demountable structures related to the permitted use of land; recreational developments such as, but not limited to, golf driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems, or sanitary connections.

e.

The use shall be in harmony with the general character of the district and shall not alter the natural character of the environment.

f.

The board of appeals shall seek the review and recommendation of the planning commission prior to the taking of any action.

6.

Erection of accessory buildings. Permit the erection of accessory buildings prior to the erection of a residence to which it is accessory in the agricultural residential (AR) district. The board of appeals shall extract as a condition of the approval, the amount of time required to erect the residence.

7.

Miscellaneous. Make decisions on such other requirements this ordinance where the board of appeals is given jurisdiction.

(Ord. of 3-21-2005, § 2725)

Where, owing to special conditions, a literal enforcement of the provisions of this ordinance would involve an unnecessary hardship, the zoning board of appeals shall have the power upon appeal in specific cases to authorize such variation or modifications of the use regulations of this ordinance in accordance with the following procedures, with such conditions and safeguards as it may determine, as may be in harmony with the spirit of the ordinance so that public safety and welfare be secured and substantial justice done. No such variance or modification of the provisions of this ordinance shall be granted unless it appears that the following requirements and procedures have been met and that all of the following facts and conditions exist.

1.

Information required. Application for a use variance under this section shall include a plan drawn to scale detailing the specific use and improvements proposed by the applicant and a summary of the facts which support the following conclusions:

a.

The property cannot be used for purposes permitted in the district;

b.

Unique circumstances, peculiar to this property and not to general neighborhood conditions are present;

c.

The use would not alter the essential character of the area;

d.

The problem is not self-created; and

e.

Administrative relief affording reasonable use is not available.

2.

Pre-hearing conference. Prior to scheduling the public hearing, applicant shall contact the building in order to schedule a pre-hearing conference. The purpose of a pre-hearing conference shall be to:

a.

Review the procedure for the public hearing, identify persons who will testify (directly or through affidavit) and identify the evidence to be offered by the applicant;

b.

Attempt to secure a statement of agreed upon facts; and

c.

Explore a means of providing relief to the applicant by way of nonuse variance, or other relief.

3.

Use variance decision by the board of appeals.

a.

After the public hearing, the board may make a decision on the matter or adjourn the hearing to a date specific for further review.

b.

If the board determines to grant a use variance, it shall be the minimum relief required to allow reasonable use of the property and also maintain the essential character of the area. Relief may be in the form of a use variance or in one or more nonuse variances. Conditions that are authorized by law may be included.

(Ord. of 3-21-2005, § 2730)

In exercising its powers, the board of appeals may reverse or affirm wholly or partially, 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 administrative official from whom the appeal is taken. The board shall not have authority to review decisions regarding special land uses, planned unit developments, cluster or open space options or other discretionary matters that are within the purview of the planning commission or the township board.

(Ord. of 3-21-2005, § 2735)

No order of the board of appeals permitting the erection or alteration of a building as provided in this ordinance shall be valid for a period of longer than one year, unless a building permit is issued and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

No order of the board of appeals permitting a use of a building or premises as provided in this ordinance, shall be valid for a period longer than one year unless such use is established within one year.

(Ord. of 3-21-2005, § 2740)