A. 
A Board of Appeals is hereby established, which shall consist of five members to be appointed in accordance with Act 110, P.A. 2006.[1] The first member of the Board of Appeals shall be a member of the Township Planning Commission and his term of office on the Board of Appeals shall be concurrent with his term of office as a member of the Planning Commission. The second member of the Board of Appeals may be a member of the Township Board appointed annually for a term of one year by the Township Board. An elected officer of the Township shall not serve as Chairman of the Board of Appeals. The additional member(s) of the Board of Appeals shall be appointed for terms of three years by the Township Board from the electors residing in the unincorporated area of the Township. An additional member shall not serve simultaneously as an elected officer of the Township or as an employee of the Township Board or as a member or employee of the Township Board of Appeals. The Township Board may appoint to the Zoning Board of Appeals not more than two alternate members for the same term as regular members. An alternate member may be called as specified in this chapter to serve as a member of the Zoning Board of Appeals in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. An alternate member serving on the Zoning Board of Appeals has the same voting rights as a regular member. Members of the Board of Appeals shall be removable by the Township Board for nonperformance of duty or misconduct in office upon written charges and after a public hearing. A successor shall be appointed not more than one month after the term of the preceding member has expired. Vacancies for unexpired terms shall be filled for the remainder of the term. A member shall disqualify himself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself from a vote in which the member has a conflict of interest constitutes malfeasance in office.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
B. 
The Board of Appeals shall adopt rules necessary for the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairman and at such times as the Board of Appeals may determine. The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
C. 
The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions filed in the office of the Township Clerk.
The Zoning Board of Appeals shall have the following powers and duties:
A. 
Appellate jurisdiction. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter.
(1) 
Appeals; filing. Appeals to the Zoning Board of Appeals concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer, department, board, or bureau of the state or governing body of the Township aggrieved by any decision of the Zoning Administrator. Such appeals shall be taken within a reasonable time of the aggrieved action, not to exceed 60 days, by filing with the Zoning Administrator who shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed from was taken.
(2) 
Hearings. The Zoning Board of Appeals shall fix a reasonable time for a hearing, not to exceed 30 days from the filing of the notice of appeal and give due notice of the hearing, to be personally delivered or mailed, to the appellant. Also, upon receipt of a written request seeking an interpretation of this chapter 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 not less than 15 days before the public hearing. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation request and the time, date, and place of the public hearing on the interpretation request shall be sent by first-class mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of the property in question. If a tenant's name is not known, the term "occupant" may be used. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.
(3) 
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative Official from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Zoning Administrator from whom the appeal is taken and on due cause shown.
B. 
Variances: applications; procedures. To authorize, upon written application therefor, in specific cases, such variance from the terms of this chapter as shall not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship or practical difficulties to the applicant. A variance from the terms of this chapter shall not be granted by the Board of Appeals unless and until:
(1) 
A written application for a variance is submitted to the Zoning Administrator demonstrating:
(a) 
Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.
(b) 
Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
(c) 
The special conditions and circumstances do not result from the actions of the applicant.
(d) 
Granting the variance requested will not confer on the applicant any special privilege denied by this chapter to other lands, structures or building in the same district.
(2) 
No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts, shall be considered grounds for the issuance of a variance.
(3) 
Notice of hearings shall be given in accordance with § 450-71A(2).
(4) 
The hearing, which shall be open to the public, shall be held within 30 days after the application is submitted. Any party may appear in person, by agent, or by attorney.
(5) 
The Zoning Board of Appeals shall make findings that the requirements of § 450-71B(1) have been met by the applicant for a variance.
(6) 
The Zoning Board of Appeals shall further make a finding that the reasons set forth in the application justify granting of the variance and that the variance is the minimum variance which will make possible the reasonable use of the land, building or structure.
(7) 
The Zoning Board of Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(8) 
In granting any variance, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 450-82 of this chapter.
(9) 
Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use not permissible under the terms of this chapter in the district involved or any use expressly or by implication prohibited by the terms of this chapter in said district.
C. 
Zoning Board of Appeals has powers of Zoning Administrator on appeals; reversing decision of Zoning Administrator.
(1) 
In exercising the above-mentioned powers, the Zoning Board of Appeals may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, 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 the powers of the Zoning Administrator from whom the appeal is taken under appellate jurisdiction.
(2) 
The concurring vote of three members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in the application of this chapter.
Any person, firm, corporation or department, board or bureau of the Township aggrieved by any decision of the Board of Appeals may seek review by a court of record of such decision in the manner prescribed by the laws of the State of Michigan.
A. 
It is the intent of this chapter that all questions under appellate jurisdiction shall be presented to the Zoning Board of Appeals only on appeal from the decision of the Zoning Administrator. Requests for variances constituting matters under original jurisdiction of the Zoning Board of Appeals shall be filed with the Zoning Board of Appeals via the Zoning Administrator and shall not be construed as an appeal from a decision of the Zoning Administrator. Recourse from the decisions of the Zoning Board of Appeals shall be to the courts as provided by the laws of the State of Michigan.
B. 
It is further the intent of this chapter that the duties of the Township Board in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter, the Township Board shall have only the following duties:
(1) 
Considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law;
(2) 
Establishing a schedule of fees and charges as stated in Article XV;
(3) 
Appointing members of the Zoning Board of Appeals and the Zoning Administrator; and
(4) 
Considering the approval or rejection of special land uses.
A. 
Variances from the provisions of Chapter 160, Article IV, Building Code, of the Township Code, being the Michigan Building Code, 2018 Edition, shall only be granted by the Zoning Board of Appeals upon a determination of compliance with the general standards for variances contained in this chapter and each of the following specific standards.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(1) 
A variance shall be granted only upon:
(a) 
A showing of good and sufficient cause;
(b) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) 
A determination that the granting of a variance will not result in flood heights in excess of that permitted by Chapter 160, Article IV, Building Code, of the Township Code, being the Michigan Building Code, 2018 Edition, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
(2) 
The variances granted shall be the minimum necessary, considering the flood hazard, to afford relief to the applicant.
B. 
The Watervliet Township Zoning Board of Appeals may attach conditions to the granting of a variance to insure compliance with the standards contained in this chapter.
C. 
Variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the Michigan Historic Markers Listing of Historic Sites, or any other state register of historic places, without regard to the requirements of this section.