A. 
There shall be a Township of East China Zoning Board of Appeals appointed by the Township Board as prescribed or delegated to it under specific provisions of this chapter. The Zoning Board of Appeals shall consist of five members.
(1) 
Planning Commission member. The first member of the Zoning Board of Appeals shall be a member of the Planning Commission of the Township of East China.
(2) 
Elected Trustee. The second member shall be an elected Trustee of the Township Board and shall not serve as Chairperson of the Zoning Board of Appeals.
(3) 
Appointed electors. The remaining three members of the Zoning Board of Appeals shall be appointed by the Township Board from among electors residing in the Township outside of incorporated cities and villages.
(4) 
Employees or contractor excluded. An employee or contractor of the Township Board shall not serve as a member of the Zoning Board of Appeals.
B. 
Term of membership. The term of each member of the Zoning Board of Appeals shall be for 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.
(1) 
Staggered terms. When members are first appointed, the appointments may be for less than three years to provide for staggered terms.
(2) 
Vacancies. 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.
C. 
Officers. The members of the Zoning Board of Appeals shall annually elect a Chairperson, Vice Chairperson, and Secretary. An elected officer of the Township shall not serve as Chairperson of the Zoning Board of Appeals.
A. 
At the call of the Chairperson. All meetings of the Township Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board in its rules of procedure may specify.
B. 
Hearings open to public. The Board shall make no recommendation except in a specific case and after a public hearing conducted by the Board. All hearings conducted by said Board shall be open to the public.
C. 
Notify interested parties. It shall, by general rule or in specific cases, determine the interested parties who, in the opinion of the Board, may be affected by any matter brought before it, which shall in all cases include all owners of record of property and the occupants of all single-family and two-family dwellings within 300 feet of the premises in question, such notices to be delivered personally or by mail addresses to the respective owners at the address given in the last assessment roll. If the tenant’s name is not known, the term “occupant” may be used. The Board may require any party applying to the Board for relief to give such notice to other interested parties as it shall prescribe.
D. 
Subpoena power; administering of oaths. 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 pertinent to the matters before it.
E. 
Concurring majority vote required. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirements, decision, or determination of the Building Official, or to decide in favor of an applicant any matter upon which it is required to pass under this chapter or to effect any variation in this chapter.
F. 
Adopt procedure rules; record proceeding. The Board of Appeals shall adopt its own rules of procedure and keep a record of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating said fact; and shall file a record of its proceedings in the office of the Township Clerk, which shall be a public record.
A. 
Right to appeal. An appeal may be taken to the Board of Appeals by any person, firm or corporation, or by any officer, department, board, or bureau affected by a decision of the Building Official.
B. 
Procedure for appeal.
(1) 
Notice of appeal filed. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Building Official and with the Board of Appeals a notice of appeal, specifying the grounds thereof.
(2) 
Transmittal of pertinent documents. The Building Official shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
(3) 
Notice of public hearing. The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties.
(4) 
Right to testify. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.
(5) 
Decision without unreasonable delay. The Board shall render a decision on the appeal without unreasonable delay.
C. 
Voluntary versus court-ordered stay. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Official certifies to the Board of Appeals after notice of appeal has been filed with him that by reason of 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, otherwise than by a restraining order which may be granted by a court of record.
The Township Board may from time to time prescribe and amend by resolution a reasonable Schedule of Fees to be charged to applicants for appeals to the Zoning Board of Appeals. At the time the notice for appeal is filed, said fee shall be paid to the Township.
The Zoning 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 chapter, but the Zoning Board of Appeals does have power to act on those matters where this chapter provides for an administrative review, interpretation, exception, or special approval permit, and to authorize a variance as defined in this section and laws of the State of Michigan. Said powers include:
A. 
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 Official, or any other administrative official, in carrying out or enforcing any provisions of this chapter.
B. 
To hear and decide, in accordance with the provisions of this chapter, requests for exceptions, for interpretations of the Zoning Map, and for decisions on special approval situations on which this chapter specifically authorizes the Board to pass. Any exception or special approval shall be subject to such condition as the Board may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of this chapter, including the following:
(1) 
Interpret Zoning Map. Interpret the provisions of this chapter 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 chapter, where street layout actually on the ground varies from the street layout as shown on the map aforesaid.
(2) 
Permit public utility uses. Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the Planning Commission.
(3) 
Permit modifying parking and loading space. 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.
(4) 
Permit modifying height and area regulations. Permit such modifications of the height and area regulations as may be necessary to secure an 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.
(5) 
Permit temporary buildings and uses. Permit temporary buildings and uses for periods not to exceed two years in undeveloped sections of the Township and for periods not to exceed six months in developed sections.
(6) 
Permit temporary use. Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed 12 months with the granting of twelve-month extensions being permissible uses which do not require the erection of any capital improvement of a structural nature. The Board of Appeals, in granting permits for the above temporary uses, shall do so under the following conditions:
(a) 
The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted;
(b) 
The granting of the temporary use shall be granted 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;
(c) 
All setbacks, land coverage, off-street parking, lighting, and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience, and general welfare of the inhabitants of East China Charter Township 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 the land or recreation 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;
(f) 
No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this chapter. Further, the Board of Appeals shall seek the review and recommendation of the Planning Commission prior to the taking of any action.
(7) 
Permit modification of wall requirements. Permit modification of wall requirements only when such modification will not adversely affect or be detrimental to surrounding or adjacent development.
(8) 
Permit decks which exceed height limits. Permit construction of a deck within a required setback area that exceeds the height limitations of § 480-83, Yard regulations, in situations where the deck will not obscure or interfere with the view from adjacent property across the required yard because of special circumstances relating to topography, vegetation, or other existing features that make such exception reasonable. Plans showing dimensions of structures, topography, and adjoining structures or buildings shall be submitted to aid the Board in its decision.
C. 
Variance. Upon an appeal, a variance from the strict applications of the provisions of this chapter may be granted by the Zoning Board of Appeals when strict enforcement of this chapter would cause undue hardship or practical difficulty owing to circumstances unique to the individual property on which the variance is granted. Unique circumstances to a specific piece of property may include exceptional narrowness, shallowness, shape, area or exceptional topographic conditions that existed at the time of enactment of this chapter. Relief may be granted, provided it does not cause substantial detriment to the public good and does not substantially impair the intent and purpose of this chapter.
(1) 
Attachment of conditions. In granting a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this chapter.
(2) 
Statement of justifying grounds. In granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance.
(3) 
Determinations. In consideration of all appeals and all proposed variations to this chapter, the Board shall, before making any variations from this chapter in a specific case, first determine that the proposed variation will not:
(a) 
Impair an adequate supply of light and air to adjacent property; or
(b) 
Unreasonably increase the congestion in public streets; or
(c) 
Increase the danger of fire or endanger the public safety; or
(d) 
Unreasonably diminish or impair established property values within the surrounding area; or
(e) 
In any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the Charter Township of East China.
(4) 
Majority vote required. The concurring vote of three members of the Board shall be necessary to reverse any other requirements, decision, or determination of the Building Official, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision.
(5) 
Township Board retains legislative power. Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change this chapter or the Zoning Map, such power and authority being reserved to the Township Board of the Charter Township of East China in the manner provided by law.
(6) 
Discretionary authority of Board. In exercising the above powers, the Board may reverse or affirm, wholly or partly, or may modify the orders, 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 Building Official from whom the appeal is taken.
A. 
Erection of a building. No order of the Board permitting the erection 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 period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
B. 
Use of a building or premises. No order of the Board 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 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 said 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 such permit.