A.
A Zoning Board of Appeals is hereby established in accordance with
Act 110 of the Public Acts of 2006,[1] as amended. The Board shall consist of five members: a
member of the Planning Commission; a member of the Township Board
appointed by the Township Board; and the remaining members appointed
by the Township Board from the electors residing in the unincorporated
area of the Township. The term of office of the member from the Township
Board shall not exceed his/her term of office on the Township Board.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
B.
Members may be reappointed. An elected officer of the Township shall
not serve as Chairperson of the Zoning Board of Appeals. An employee
or contractor of the Township may not serve as a member of the Board.
A member of the Board shall disqualify him/herself from a vote in
which the member has a conflict of interest.
A.
The Zoning Board of Appeals shall perform its duties and exercise
its powers as provided in Act 110 of the Public Acts of 2006,[1] as amended, so that the objectives of this chapter shall
be attained, the public health, safety, and welfare secured, and substantial
justice done. The Zoning Board of Appeals shall hear and decide only
those matters which it is specifically authorized to hear and decide
as provided therein: administrative review, variance, and expansion
of nonconforming buildings and structures.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
B.
The Zoning Board of Appeals shall not have the power to alter or
change the zoning district classification of any property, nor make
any change in the terms or intent of this chapter, but does have power
to act on those matters for which this chapter provides an administrative
review, interpretation, variance or exception.
C.
Zoning Board of Appeals members shall attend training sessions as
required by the Township Board of Trustees.
A.
The Zoning Board of Appeals shall adopt rules and regulations to
govern its procedures. The Zoning Board of Appeals shall appoint one
of its members as Chairperson. The concurring vote of a majority of
the members of the Zoning Board of Appeals shall be necessary to revise
any order, requirements, decision or interpretation of the Zoning
Administrator or to decide in favor of an applicant any matter upon
which they are required to pass under this chapter or to effect any
variation in this chapter.
B.
Meetings of the Zoning 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. Minutes shall be kept of each meeting, and
the Board shall record into the minutes all findings, conditions,
facts, and other relevant factors, including the vote of each member
upon each question or, if absent or failing to vote, indicating such
fact, and all of its official actions. All meetings and records shall
be open to the public. All minutes shall be filed in the office of
the Township Clerk.
A.
The Zoning Board of Appeals shall hear and decide appeals from and
review any order, requirements, decision or determination of the Zoning
Administrator.
B.
The Zoning Board of Appeals shall have the power to:
(1)
Interpret, upon request, the provisions of this chapter in such a
way as to carry out the intent and purpose of this chapter.
(2)
Determine the precise location of the boundary lines between zoning
districts when there is dissatisfaction with a decision made by the
Zoning Administrator.
(3)
Classify a use which is not specifically mentioned as a part of the
use regulations of any zoning district so that it conforms to a comparable
permitted or prohibited use, in accordance with the purpose and intent
of each district.
A.
The Zoning Board of Appeals shall have the power and duty to authorize
upon appeal in specific cases such variance from the provisions of
this chapter as will not be contrary to the public interest where,
owing to special conditions, a literal enforcement of the provisions
of this chapter would result in practical difficulty.
B.
A variance shall not be granted by the Zoning Board of Appeals unless
and until the following conditions are met:
(1)
A written application for a variance is submitted, demonstrating:
(a)
That 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)
That 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)
That the special conditions and circumstances necessitating
the variance did not result from the actions of the applicant.
(d)
That granting the variance requested will not confer on the
applicant any special privilege that is denied by this chapter to
other lands, structures, or buildings in the same district.
C.
Any nonconforming use of neighboring lands, structures, or buildings
shall not be considered grounds for the issuance of a variance.
D.
The Zoning Board of Appeals shall make findings that the requirements
of this section have been met by the applicant.
E.
The Zoning Board of Appeals shall further find that the reasons set
forth in the application justify the granting of the variance, and
that it is the minimum variance that will make possible the reasonable
use of the land, building or structure.
F.
The Zoning Board of Appeals shall further find 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 interest.
G.
In granting any variance, the Zoning Board of Appeals may prescribe
appropriate conditions and safeguards in conformity with this chapter.
Violations 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.
H.
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.
I.
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,
requirements, decision, or determination appealed from and may make
such order requirements, decision, or determination as ought to be
made, and to that end shall have the powers of the public official
from whom the appeal is taken.
J.
Each variance granted under the provisions of this chapter shall
become null and void unless the occupancy of land or buildings, or
the construction authorized by such variance has commenced within
180 days after the granting of such variance, unless extended by the
ZBA at a regular meeting.
A.
Appeals concerning interpretation and administration of this chapter
shall be made by filing a notice of appeal specifying the grounds
thereof with the Township Clerk within a period of 30 days from the
occurrence of the contested action. The Clerk shall transmit to the
Board copies of all papers constituting the record upon which the
action appealed from was taken.
B.
A fee shall be paid at the time of filing the notice of appeal and
shall be deposited in the Township's general fund. The appeal fee
shall be established by the Township Board.
C.
Any party or parties may appear at the hearing in person or by agent
or attorney.
D.
The Zoning Board of Appeals shall decide upon all matters within
a reasonable time. The decision of the Board shall be in the form
of a resolution containing a full record of its findings and determinations
in each case.
E.
An appeal shall stay all proceedings in furtherance of the action
appealed unless the Building Inspector or Zoning Administrator certifies
to the Board that a stay would, in his/her opinion, cause imminent
peril to life or property. In such a case, the proceedings should
not be stayed other than by a restraining order issued by the courts.
All questions concerning application of the provisions of this
chapter shall first be presented to the Zoning Administrator. Such
questions shall be presented to the Zoning Board of Appeals only on
appeal from the decisions of the Zoning Administrator. Recourse from
decisions of the Zoning Board of Appeals shall be to the Circuit Court
of Van Buren County, as provided by law.
