There shall be a zoning board of appeals as provided by the Michigan Zoning Enabling Act, Public Act 110 of 2006, which shall have the powers and duties as prescribed by law, and/or delegated to it under specific provisions of this ordinance.

(Ord. No. 03-01-07, § VIII, 3-8-2007)

A.

The zoning board of appeals shall consist of five (5) members and up to two (2) alternate members. One (1) member shall be a member of the township planning commission, one (1) member may be a member of the township board of trustees, and the remaining members shall be selected from the electors of the township residing outside of any incorporated city or village,

B.

The members selected shall be representatives of the population distribution and the various interested present in the township. Geographic distribution of the members shall be considered when making appointments.

(Ord. No. 03-01-07, § VIII, 3-8-2007; Ord. No. 07-01-2017, § I, 7-13-2017)

A.

The alternate member(s) shall serve in place of any regular member of the Zoning Board of Appeals under any of the following conditions:

1.

The regular member shall be unable to attend at least one (1) or more consecutive meetings of the zoning board of appeals.

2.

The regular member shall be unable to attend the meetings of the zoning board of appeals for a period of at least thirty-one (31) days; or

3.

The regular member shall ask to be excused from a request because of a conflict of interest as listed below.

4.

The alternate member shall serve in the case until a final decision is made. The alternate member also has the same voting rights as a regular member.

B.

The zoning board of appeals shall be notified in advance of the time period that the regular member will be absent. The thirty-one-day time period shall not start until the board is informed of the absences.

(Ord. No. 03-01-07, § VIII, 3-8-2007)

A.

The member representing the board of trustees shall not serve as an officer of the zoning board of appeals.

B.

The member representing the township planning commission shall not serve as an officer of the zoning board of appeals.

A.

Appointment of a new zoning board of appeals:

1.

The three (3) members appointed from the electors of the township shall include one (1) member appointed until January 1 of the next year, a maximum of one (1) year; one (1) member appointed until January 1 of the following year, a maximum of two (2) years; and one (1) member appointed until January 1, two (2) years hence, a maximum of three (3) years.

B.

Appointments to existing board of appeals:

1.

The appointment of representatives from the electors shall be for the balance of an unexpired term or for a new three-year term and until a successor has been appointed. Such successor shall be appointed within ninety (90) days of the resignation or one (1) month after the expiration of the preceding term.

2.

The appointment of a representative of the township board of trustees shall be for a period of not more than one (1) year, which may be renewed each year. All terms shall end on December 31 of the year of appointment.

3.

The township planning commission shall, at its November meeting, recommend to the township board of trustees a member of the planning commission to be their representative on the zoning board of appeals. The township board of trustees may accept the recommendation of the planning commission or appoint another member of the planning commission to represent the planning commission for the ensuing year.

4.

The appointment of an alternate member of the zoning board of appeals shall be the same as for a regular member, as described above.

(Ord. No. 03-01-07, § VIII, 3-8-2007)

A.

By resignation of a public or alternate member: Should a vacancy occur on the board of appeals the vacancy shall be filled by the board of trustees for the balance of the term remaining.

B.

By township board of trustees or planning commission representative: A vacancy by the representative of the township board of trustees or planning commission shall be filled in the same manor as the original representative was appointed.

C.

By removal of township board: A member of the zoning 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. Failure of a member to disqualify him or herself from a role in which this member has a conflict of interest (see Section 20.7) shall constitute malfeasance in office.

(Ord. No. 03-01-07, § VIII, 3-8-2007)

A.

A member of the zoning board of appeals shall disqualify himself/herself from a vote in which he/she has a conflict of interest:

B.

A member of the board of appeals shall have a conflict of interest when any of the following conditions exist:

1.

The applicant is the employer, supervisor, or works with the member or vice versa.

2.

The applicant is related to the member, either by blood or marriage.

3.

The applicant has a financial agreement, either completed or pending with the member.

4.

The applicant lives or owns property within three hundred (300) feet of the member's residence.

5.

The applicant has accepted a gift, loan of money, goods or other thing of value from the applicant or his representative.

6.

Any other condition for which the member feels he/she has a conflict of interest.

The Board of Appeals shall:

1.

Hear and decide upon requests for interpretations of the provisions of the zoning ordinance.

2.

Hear and decide appeals where it is alleged by the applicant that there is an error in the refusal of a zoning permit or in any other order, requirement, decision or determination made by the Zoning Administrator. Any such appeal must be taken within thirty (30) days of the Zoning Administrator's decision.

3.

Hear and decide upon requests for non-use variances, which may be granted if the applicant shows all of the following elements:

a.

That the practical difficulty asserted by the applicant by way of justification for a variance is due to the unique circumstance of the property, i.e., exceptional or extraordinary physical circumstances applying to the property that do not apply generally to other properties in the area/zoning district.

b.

That a literal interpretation of the provisions of the zoning ordinance would unreasonably prevent the landowner from using the property for a permitted purpose or would render conformity with such provisions unnecessarily burdensome.

c.

That the variance will not be significantly detrimental to adjacent property and the surrounding neighborhood.

d.

That the request, or a lesser relaxation of the ordinance standards, would provide substantial justice to the landowner and neighbors.

e.

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

(Ord. No. 03-01-07, § VIII, 3-8-2007; Ord. No. 12-08-2022, § I, 12-8-2022; Ord. No. 12-12-2024B, § I, 12-12-2024)

A.

Nothing contained within this ordinance shall be deemed to authorize the zoning board of appeals to validate, ratify or legalize any violation of law or any of the regulations of this ordinance.

B.

The zoning board of appeals shall not amend any portion of the zoning ordinance or the zoning map.

C.

The zoning board of appeals shall not grant use variances.

D.

A decision of the zoning board of appeals, granting a variance, shall be valid for a period of six (6) months, from the day of notification of the granting of the variance, during which time a building permit must be obtained and the erection or alterations commenced.

E.

No application for a variance which has been denied wholly or in part by the zoning board of appeals shall be resubmitted for a period of one (1) year from the date of the denial except on the grounds of newly discovered evidence or proof of changed conditions.

A.

An appeal to the zoning 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.

B.

An application form, as provided by the zoning administrator, shall be completed and submitted at least thirty (30) days prior to the desired date of the zoning board of appeals hearing along with all applicable and required materials.

(Ord. No. 03-01-07, § VIII, 3-8-2007)

A.

Following receipt of a written request concerning a variance, the zoning board of appeals shall fix a reasonable time for a hearing of the request and publish a notice in a newspaper of general circulation in the township, describing the nature of the request, indicating the property that is the subject of the request, including a listing of all street addresses within the property (if there are none, other means of identification may be used), stating where and when the request will be considered, along with where and where written comments concerning the request will be received. The notice shall be published not less than fifteen (15) days prior to the date of the public hearing.

B.

Notice shall be sent by mail or in person to the owners of property for which the variance is being considered. Notice shall also be sent to all persons to whom real property is assessed within three hundred (300) feet of the property and to the occupants of all structures within three hundred (300) feet of the property regardless of whether the property or occupant is located in Yankee Springs Township.

C.

The notice shall be given not less than fifteen (15) days before the date of the hearing. If the name of an occupant is not known, the term "occupant" may be used in making the notification.

D.

Upon receipt of a written request for an interpretation of the zoning ordinance or an appeal of an administrative decision, a notice stating the time, date, and place of the public hearing shall be published in a newspaper of general circulation within the township and shall be sent to the person requesting the interpretation not less than fifteen (15) days before the public hearing. The notice shall describe the nature of the request, state where and when the request will be considered, state where and when written comments should be submitted, and if applicable, include a listing of all street addresses on the property being considered in the application. In addition, if the request for an interpretation or an appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation or request shall be sent to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question and to occupants of all structures within three hundred (300) feet of the boundary of the property in question. If a tenant's name is not known, the term "occupant" may be used.

E.

At the hearing, a party may appear in person or by agent or attorney. The zoning board of appeals may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination and may issue or direct the issuance of a permit.

(Ord. No. 03-01-07, § VIII, 3-8-2007)

A.

A concurring vote of the majority of the members of the zoning board of appeals shall be necessary to approve an application.

B.

The decision of the zoning board of appeals shall be final.

C.

A party aggrieved by the decision of the zoning board of appeals may appeal to the Circuit Court of Barry Count per the requirements of Section 606 of the Michigan Zoning Enabling Act (P.A. 110 of 2006). Such an appeal must be filed within thirty (30) days after the zoning board of appeals certifies its decision in writing or approves the minutes of its decision.

(Ord. No. 03-01-07, § VIII, 3-8-2007)