[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-3, eff. 2-3-1977]
[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-56, eff. 8-22-2006]
The Zoning Board of Appeals shall have all powers and jurisdiction
granted by the Zoning Act, all powers and jurisdiction prescribed
in other articles of this chapter and the following specific powers
and jurisdiction:
(1)
The jurisdiction and power to hear and decide appeals from and review
any order, requirement, decision or determination made by an administrative
official or body charged with enforcement of this division; excluding,
however, decisions regarding the authorization of special uses and
planned unit developments which are made by the Township Board or
Planning Commission.
[Amended by Ord. No. 2018-1, eff. 3-23-2018]
(2)
The jurisdiction and power to act upon all questions as they may
arise in the administration and enforcement of this division, including
interpretation of the Zoning Map.
(3)
The jurisdiction and power to decide matters referred to the Zoning
Board of Appeals for decision pursuant to Section 603 of the Zoning
Act (MCL § 125.3603).
(4)
The jurisdiction and power to authorize, upon appeal, a variance
or modification of this chapter where there are practical difficulties
or unnecessary hardship in the way of carrying out the strict letter
of this chapter so that the spirit of this chapter shall be observed,
public safety secured and substantial justice done.
[Ord. No. Z, eff. 2-7-1974]
The Zoning Board of Appeals shall fix rules and regulations
governing its procedures sitting as the Zoning Board of Appeals. Said
rules and regulations shall be made available to the public and shall
be in conformance with the terms of this chapter and the Zoning Act.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-14, eff. 4-19-1982]
In granting a variance or in making any decision referred to
it by this chapter, the Zoning Board of Appeals may impose and attach
such conditions in conformance with the provisions of the Zoning Act
as it shall determine are necessary and/or appropriate.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-14, eff. 4-19-1982; Ord. No. Z-56, eff. 8-22-2006]
(a)
Where Zoning Board of Appeals authorization is required by this chapter
pursuant to the authority granted it by Section 603 of the Zoning
Act (MCL § 125.3603) or where a variance has been requested,
the Zoning Board of Appeals may, in its discretion, require the preparation
and filing of a site plan which is in accordance with the requirements
of Division 3 of this article before application is made for a building
permit.
(b)
The Zoning Board of Appeals shall hold a public hearing concerning
the project for which Zoning Board of Appeals authorization has been
requested and give due notice thereof. The Zoning Board of Appeals
shall state the grounds of each decision and shall otherwise comply
with all procedural notice and other requirements of the Zoning Act.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-56, eff. 8-22-2006; Ord. No. Z-60, eff. 5-14-2009]
As noted in Section 38-66(4), the Zoning Board of Appeals has the authority to grant variances where there are practical difficulties or an unnecessary hardship in the way of carrying out the strict letter of this chapter.
(1)
Non-use variances. A simple-majority vote of the members of the Board
of Appeals is necessary to authorize a non-use variance. In determining
whether there are practical difficulties in the way of carrying out
the strict letter of this article, the Board of Appeals shall consider
the following standards and shall make an affirmative finding as to
each standard to authorize a non-use variance.
a.
That strict compliance with the zoning ordinance regulating the minimum
area, yard set backs, frontage, height, bulk, or density, or other
regulation would render conformity with those restrictions of the
zoning ordinance unnecessarily burdensome.
b.
That granting the requested variance would do substantial justice
to the applicant as well as to other property owners in the zoning
district. If a lesser relaxation than that applied for would give
substantial relief to the property owner and be more consistent with
justice to other property owners in the district, the Board of Appeals
may grant a lesser variance provided the other standards are met.
c.
That the plight of the property owner/applicant is due to the unique
circumstances of the property (e.g., an odd shape or a natural feature
like a stream or a wetland) and not due to general conditions of the
zoning district.
d.
That the practical difficulties alleged are not self-created.
(2)
Use variances. A 2/3 majority vote of the members of the Zoning Board
of Appeals is necessary to authorize a use variance. In determining
whether there is any unnecessary hardship in the way of carrying out
the strict letter of this chapter, the Zoning Board of Appeals shall
consider the following standards and shall make an affirmative finding
as to each standard to authorize a use variance:
a.
That the property cannot be used for any of the uses permitted in
the zoning district in which it is located (i.e., none of the uses
permitted in the zoning district as a matter of right or by special
use permit would allow a reasonable economic return on the use of
the property).
b.
That the plight of the property owner is due to unique circumstances
peculiar to the property (e.g., an odd shape, topography, or other
natural feature like a stream or wetland) rather than to general neighborhood
conditions.
c.
That the proposed use requested by the variance would not alter the
essential character of the surrounding neighborhood.
d.
That the hardship problem is not self-created (i.e., is not necessitated
as a result of any action or inaction by the applicant).
(3)
Time limitations on variances. Any person who is granted a variance under this chapter must, within one year of the date on which the Zoning Board of Appeals takes action to grant the variance, take affirmative action to exercise the rights granted according to the variance. For purposes of this section, the term "affirmative action" means either commencing the use for which the variance has been granted, or obtaining all necessary permits in compliance with Section 38-33 for the construction of a building or structure authorized by the variance. Failure to take affirmative action in exercising the rights granted according to a variance within one year of the date on which the Zoning Board of Appeals takes action to grant the variance will result in the automatic cancellation of the variance granted. If the permit granted pursuant to Section 38-33 expires, or, if such permit is renewed, if the renewed permit expires, then the variance pursuant to which the permit was issued shall be automatically cancelled.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-49, eff. 3-22-2003]
The Township Board may appoint not more than two alternate members
to serve the same term as regular members of the Zoning Board of Appeals.
The alternate members shall be appointed by resolution of the Township
Board. The chairperson of the Zoning Board of Appeals, or the acting
chairperson, may call an alternate member to serve as a regular member
of the Zoning Board of Appeals in the following situations:
(1)
An alternate member may be called to serve as a regular member of
the Zoning Board of Appeals in the absence of a regular member if
that regular member is:
(2)
An alternate member may be called to serve as a regular member of
the Zoning Board of Appeals for the purpose of reaching a decision
on a case in which the regular member has abstained from participating
for reasons of a conflict of interest.
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An alternate member called to serve as a regular member shall
have the same voting rights as a regular member of the Zoning Board
of Appeals. An alternate member called to serve on a Zoning Board
of Appeals' case shall serve on that case until the Zoning Board of
Appeals makes a final decision.
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