The Zoning Board of Appeals is established and shall perform
its duties and exercise its powers as provided in Act 110 of the Public
Acts of 2006, as amended, and in such a way that the objectives of
this chapter shall be observed, public safety secured, and substantial
justice done. The Zoning Board of Appeals shall consist of seven members,
as follows:
A.
The first member shall be a member of the Planning Commission, and
shall be selected and appointed by the Township Board with consideration
given to the member recommended by the Planning Commission.
[Amended 10-16-2013 by Ord. No. Z-71]
B.
The second member shall be a member of the Township Board, and shall
be selected and appointed by the Township Board.
C.
The five remaining members shall be selected and appointed by the
Township Board from the electors residing in the unincorporated area
of the Township.
D.
The first and second members of the Zoning Board of Appeals shall
serve concurrently with their term of office in their respective Township
agencies. The five remaining members shall serve for three years.
However, as of the effective date of this chapter, the next two new
members appointed to the Zoning Board of Appeals shall be appointed
for a term of one year, and the following two new members shall be
appointed for a term of two years. Thereafter, all new or reappointed
members shall be appointed for a term of three years.
[Amended 10-16-2013 by Ord. No. Z-71]
E.
Members of the Zoning Board of Appeals shall be removable by the
action of the Township Board for nonperformance of duty or misconduct
in office, upon the filing of written charges and after a public hearing.
F.
No elected officer of the Township or any employee of the Board may
serve simultaneously as one of the remaining members of the Zoning
Board of Appeals. A member of the Board, appointed by the Board shall
not serve as chair of the Zoning Board of Appeals.
G.
The Township Board may appoint up to two alternate members for the
same terms as the regular members.
(1)
An alternate may be called to serve as a regular member in the
absence of a regular member if the regular member is absent from or
will be unable to attend one or more consecutive meetings.
(2)
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.
(3)
The alternate member shall serve in the case until a final decision
is made.
(4)
The alternate member shall have the same voting rights as a
regular member when called.
A.
All meetings shall be held at the call of the Chairperson and at
such times as the Zoning Board of Appeals may determine. All meetings
shall be open to the public.
B.
The concurrent vote of a majority of the membership shall be required
to reverse any order, requirement, decision or determination taken
by an administrative official under this chapter, to grant a variance
from the requirements of this chapter, or to pass on or make appropriate
determination on such matters as may be assigned to the Zoning Board
of Appeals by the terms of this chapter.
C.
The Zoning Board of Appeals shall keep minutes of its proceedings,
stating the grounds for every determination, and recording the vote
of each member on each question, or if absent or failing to vote,
indicating such fact. It shall keep records of its findings, proceedings
at hearings, and other official actions, all of which shall be filed
in the office of the Township Clerk and shall be of public record.
D.
The Zoning Board of Appeals shall adopt rules of procedure for the
conduct of its business.
E.
The Chair of the Zoning Board of Appeals, or in the absence of the
Chair, the Vice-Chair, may administer oaths and compel attendance
of witnesses. A subpoena from a court of competent jurisdiction may
be used to seek the production of books, papers, files and other evidence
pertinent to the matters before the Zoning Board of Appeals.
F.
The Township Board, under its power to set fees for hearings before
the Zoning Board of Appeals, may elect to waive the fee for cause.
A.
An appeal may be taken to the Zoning Board of Appeals by any person,
firm or corporation, or by any officer, department, board or bureau
affected by a decision of the Zoning Administrator. An appeal shall
be taken by filing with the Zoning Administrator or with the Board,
a notice of appeal that specifies the grounds thereof. The Zoning
Administrator shall immediately transmit to the Board all of the documents
constituting the record upon that the action being appealed was taken.
B.
An appeal shall stay all proceedings in furtherance of the action
being appealed unless the Zoning Administrator certifies to the Zoning
Board of Appeals, after notice of appeal has been filed, that by reason
of the facts stated in the certification, a stay would cause imminent
peril to life or property. In that case, the proceedings shall not
be stayed except by the issuance of a restraining order by a court
of record.
C.
The Zoning Board of Appeals shall select a suitable time and place for the hearing of the appeal. Due notice of the hearing, as specified in § 340-167 of this article, shall be given to all affected parties. The Board shall render a decision upon the appeal without unreasonable delay. Testimony may be given at the hearing by any person, in person, or through any duly authorized agent or attorney.
D.
The Zoning Board of Appeals shall review the record and decision
and determine whether the record supports the conclusion that was
reached. The Zoning Board of Appeals shall uphold the original decisions
unless the record clearly shows the original decision meets one of
the following:
[Added 10-16-2013 by Ord. No. Z-71]
An application to the Zoning Board of Appeals shall consist
of a completed application form, provided by the Township, a fee as
established by the Township Board, which shall be paid to the Clerk
at the time of filing, and a scaled drawing with sufficient detail
to indicate the nature and necessity of the request. The Zoning Board
of Appeals may request additional detail on the drawing, including
requiring a property survey prepared by a licensed surveyor, or other
information which they deem necessary to make a decision on the application.
A.
Upon receipt of a complete application the Township shall cause notices
stating the time, place and subject of the hearing to be served personally
or by first class mail addressed to the parties submitting the application,
and those persons residing within 300 feet of the property which is
the subject of the application.
B.
All notices shall be sent to the addresses listed in the last assessment
roll.
C.
All notices shall be sent at least 15 days prior to the date of the
scheduled hearing.
D.
In addition, a notice shall be published in a newspaper of general
circulation within the Township, no less than 15 days prior to Zoning
Board of Appeals meeting.
E.
The Board may recess any hearing, and, if the time and place of the
continued hearing be publicly announced at the time of adjournment,
no further notice shall be required.
The Board of Zoning Appeals possesses limited and specific powers.
It may not change the zoning district classification of any property.
It may not change any of the stated terms of this chapter. It has
powers to act on those matters where this chapter provides for an
administrative review, interpretation, and to authorize a variance
as defined in this section and in the Laws of the State of Michigan.
A.
The powers of the Zoning Board of Appeals 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 Zoning Administrator, any
other administrative official, or any body acting in an administrative
capacity in carrying out or enforcing any provisions of this chapter.
(2)
Interpretation of the Zoning Ordinance, including the Zoning
Map. To make interpretations of the text of the Zoning Ordinance and
of the Zoning Map, including the verification of definite boundaries
between zoning districts, and the location of proper setback lines,
in the event that such boundaries or locations should be unclear or
subject to dispute.
(3)
Variances. To authorize nonuse variances from the strict application
of the provisions of this chapter. In granting a variance, the Zoning
Board of Appeals 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.
In granting a variance, the Board shall state the grounds upon which
it justifies the action.
B.
The Zoning Board of Appeals shall not have the power to grant variances
to uses allowed in the zoning districts.
The Zoning Board of Appeals, after public hearing, may grant
requests for nonuse variances from the provisions of this chapter
where it is proved by the applicant that there are practical difficulties
in the way of carrying out the strict letter of the ordinance relating
to the construction, equipment, or alteration of buildings or structures
so that the spirit of the ordinance shall be observed, public safety
secured and substantial justice done.
A.
Nonuse variance. A nonuse variance may be allowed by the Zoning Board
of Appeals only in cases where there is reasonable evidence of practical
difficulty in the official record of the hearing and that all of the
following conditions are met:
(1)
That there are exceptional or extraordinary circumstances or
conditions applying to the property in question that do not apply
generally to other properties in the same zoning district. Exceptional
or extraordinary circumstances or conditions include:
(a)
Exceptional narrowness, shallowness or shape of a specific property
on the effective date of this chapter;
(b)
By reason of exceptional topographic conditions or other extraordinary
situation on the land, building or structure;
(c)
By reason of the use or development of the property immediately
adjoining the property in question; whereby the literal enforcement
of the requirements of this chapter would involve practical difficulties;
or
(d)
Any other physical situation on the land, building or structure
deemed by the Board of Zoning Appeals to be extraordinary.
(2)
That the condition or situation of the specific piece of property
for which the variance is sought is not of so general or recurrent
a nature as to make reasonably practical the formulation of a general
regulation for such conditions or situations.
(3)
That such variance is necessary for the preservation and enjoyment
of a substantial property right similar to that possessed by other
properties in the same zoning district and in the vicinity. The possibility
of increased financial return shall not of itself be deemed sufficient
to warrant a variance.
(4)
The variance will not be significantly detrimental to adjacent
property and the surrounding neighborhood.
(5)
The variance will not impair the intent and purpose of this
chapter.
(6)
That the immediate practical difficulty causing the need for
the variance request was not created by any affirmative action of
the applicant.
The Zoning Board of Appeals may require the appellant to submit
all necessary surveys, plans or other information necessary for the
Board to thoroughly investigate the matter before it. The Zoning Board
of Appeals may impose conditions or limitations in granting an appeal,
variance or other decision permitted by this chapter as it may deem
necessary to comply with the spirit and purposes of this chapter.
A.
The concurring vote of a majority of the membership of the Zoning
Board of Appeals shall be necessary to reverse any order, requirement,
decision, or determination of the Zoning Administrator or other body
empowered to make administrative decisions; to decide in favor of
any application on any matter upon which the Zoning Board of Appeals
is required to pass under this chapter; or to effect any variance.
B.
Any decision of the Board shall not become final until minutes of the meeting at which final action on the request was taken are officially approved and adopted by the Zoning Board of Appeals; however, the Board shall have the option of certifying the decision on a form signed by the Chair at the meeting at which the decision is made. This form shall include any conditions or requirements imposed as a condition of approval and shall include the basis upon which the decision was made, including how the request does or does not meet the standards of review as outlined in § 340-169 of this article.
C.
The decision of the Zoning Board of Appeals shall be final; however,
any person having an interest affected by any such decision shall
have the right of appeal to the Circuit Court on questions of law
and fact, in accordance with the Michigan Zoning Enabling Act.[1]
[1]
Editor's Note: See MCLA § 125.3101 et seq.
D.
No application which has been denied wholly or in part by the Board
shall be resubmitted for a period of one year from the date of the
last denial, except on grounds of changed conditions that would significantly
change the nature of the request or affect the reasons for denial
first ordered by the Board.
[Amended 8-19-2009; 10-16-2013 by Ord. No. Z-71]
A.
The decision
of the Zoning Board of Appeals shall expire after one year unless
a building permit for the construction is obtained and construction
is started in accordance with the terms of the permit and the requirements
of the Zoning Board of Appeals. The Zoning Board of Appeals may grant
no more than one extension, for up to one year, provided the applicant
demonstrates that they have been diligently working toward completion
and the delay is due to conditions beyond their control.
