The Township Zoning Board of Appeals (hereinafter referred to as "ZBA") is created pursuant to Michigan Public Act 110 of 2006, as amended.
A. Membership and operation. Members of the ZBA shall be appointed by a majority vote of the members of the Township Board. The qualifications of members, the term of each member, filling of vacancies, removal of members, compensation of members, and operation of the ZBA shall be in accordance with Michigan Public Act 110 of 2006, as amended.
(1) The ZBA shall consist of five members. One member shall be a member of the Township Planning Commission.
(2) The remaining members (including any alternate members) shall be electors of the Township residing outside of incorporated cities and villages, and shall be representative of the population distribution and of the various interests present in the Township.
(3) A member of the Township Board may be a regular member of the ZBA, but shall not serve as Chair.
(4) No employee or contractor of the Township may be a member or employee of the ZBA.
(5) The ZBA shall not conduct business unless a majority of the members of the Board are present.
(6) The Township Board may appoint up to two alternate members for the same term as regular members to the ZBA. An alternate member may be called to serve as a member of the ZBA 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. The alternate member has the same voting rights as a regular member of the ZBA.
(7) Meetings of the ZBA shall be held in accordance with an adopted schedule, or at the call of the Chairperson, or at such other times as the ZBA may specify in its rules and procedures.
(8) The ZBA shall state the grounds of each determination, and shall maintain a record of its proceedings, which shall be filed in the office of the Township Clerk.
B. Jurisdiction. The ZBA shall have all the powers and jurisdiction granted by applicable laws and prescribed in this chapter, including the following:
(1) Appeals.
(a) The ZBA has the jurisdiction and power to hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Administrator. The ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be done, and to that end it shall have all the powers of the Zoning Administrator and may issue or direct the issuance of a permit.
(b) The ZBA shall not have the authority to consider an appeal of a decision concerning a special land use or a planned unit development.
(2) Interpretation. The ZBA has the jurisdiction and power to act upon all questions as they may arise in the administration and enforcement of this chapter, including the interpretation of the Zoning Map.
(3) Non-use variance. The ZBA has the jurisdiction and power to authorize a non-use variance relating to the construction, structural changes, or alteration of buildings or structures related to dimensional requirements of this chapter or to any other non-use-related requirement in this chapter.