A.
Membership.
(1)
The Zoning Board of Appeals shall consist of five members appointed
by the Township Board. One member shall be a member of the Planning
Commission. The remaining members shall be selected from the electors
of the Township. The members selected shall be representative of the
population distribution and of the various interests present in the
Township. An employee or contractor of the Township Board may not
serve as a Zoning Board of Appeals member. One member of the Zoning
Board of Appeals may be a member of the Township Board. A member of
the Township Board may not serve as Chairperson of the Zoning Board
of Appeals.
(2)
The Zoning Board of Appeals, at its first meeting following
January 1 of each year, shall select from its membership a Chairperson
of the Zoning Board of Appeals who shall serve until the successor
Chairperson is appointed.
(3)
The term of office of each member shall be for three years,
except the term of a member who is serving as a member of the Planning
Commission or Board of Trustees shall be limited to the time he or
she is a member of that body. A successor shall be appointed not more
than one month after the term of the preceding member has expired.
All vacancies for unexpired terms shall be filled for the remainder
of the term.
B.
Removal. Members of the Zoning Board of Appeals shall be removable
by the Township Board for misfeasance, malfeasance, or nonfeasance
in office upon written charges and after public hearing.
C.
Conflict of interest. A member shall disqualify himself or herself
from a vote in which the member has a conflict of interest. Failure
of a member to disqualify himself or herself constitutes malfeasance
in office.
D.
Quorum. The Zoning Board of Appeals shall not conduct business unless
a majority of the members of the Zoning Board of Appeals are present.
E.
Rules and regulations. In addition to the procedural requirements
set forth in the Zoning Enabling Act (MCL 125.3101 et seq.) the Zoning
Board of Appeals shall fix rules and regulations to govern its procedures,
and shall record into the minutes of its meetings 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. Such records shall be open
to public inspection. A member of the Zoning Board of Appeals who
is also a member of the Planning Commission or Township Board shall
not participate in a public hearing on or vote on the same matter
that the member voted on as a member of the Planning Commission or
Township Board. However, the member may consider and vote on other
unrelated matters involving the same property.
F.
Decisions. The concurring vote of a majority of the members is necessary
to reverse a decision of the Zoning Administrator, Planning Commission,
Board of Trustees or other official, or to grant a variance or to
decide in favor of an applicant.
G.
Notice.
(1)
The Board shall give due notice of the hearing as specified
in § 40-3.05. Where the hearing concerns matters of general
applicability in the Township and does not concern only individual
lots or parcels, in accordance with § 40-3.05, notice shall
be provided by newspaper and by mail to the party making request.
(2)
Appeals shall be taken within a reasonable time, not to exceed
45 days or such lesser period as may be provided by the rules of the
Zoning Board of Appeals, by filing with the Zoning Administrator and
with the Zoning Board of Appeals a notice of appeal specifying the
grounds thereof. The Zoning Administrator shall forthwith transmit
to the Zoning Board of Appeals all papers constituting the record
upon which the action appealed from was taken.
H.
Stay. An appeal stays all proceedings in furtherance of the action
appealed from, unless the Zoning Administrator from whom the appeal
is taken certifies to the Zoning Board of Appeals after the notice
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 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,
and on due cause shown.
I.
Fee. A fee shall be established as set forth in § 40-3.06.
The fee shall be paid at the time of filing of the appeal.
The Zoning Board of Appeals shall perform its duties and exercise
its powers as provided in the Zoning Enabling Act (MCL 125.3101 et
seq.)in such a way that the objectives of this chapter shall be attained,
the public health, welfare, and safety 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 in this chapter.
The Zoning Board of Appeals shall hear and decide appeals where
there is an error alleged in any order, requirement, decision, or
determination made by the Zoning Administrator in the enforcement
of this chapter.
A.
Power and duty. The Zoning Board of Appeals shall have the power
and duty to authorize upon appeal in specific cases such nonuse variances
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 unnecessary hardship.
B.
Application required. An application for a variance shall be filed
by the owner of the property in question with the Township Clerk.
The application shall consist of a completed application form, required
fee, and the information required in this section, including the following:
(1)
Legal description, address, and tax number of the subject property.
(2)
Boundary survey, showing all property lines, bearings, or angles,
correlated to the legal description; all existing and proposed structures
and their uses, and the dimensions of said structures and their dimensioned
locations; lot area and all other calculations necessary to show compliance
with the regulations of this chapter.
(3)
Name and address of the applicant, name of the owner and any
other person or entity having an interest in said property, the interest
of the applicant in the property and the signature of the property
owner, if other than the applicant, concurring in the submittal of
the application.
(4)
List and description of each section of this chapter for which
a variance is requested.
(5)
Documentation demonstrating:
(a)
That without a variance the property could not be used for the
purposes permitted in the zoning district.
(b)
That the plight is due to unique circumstances peculiar to the
property and not to the general neighborhood conditions.
(c)
That the variance would not alter the essential character of
the area.
(d)
That the plight or problem is not self-created.
C.
Findings. Prior to granting a variance the Zoning Board of Appeals
shall make findings that the following requirements have been met
by the applicant for the variance:
(1)
That strict compliance with the restrictions governing area,
setbacks, frontage, height, bulk, or density would unreasonably prevent
the owner from using the property for a permitted purpose, or would
render the conformity with such regulations unnecessarily burdensome.
(2)
That the granting of a variance would do substantial justice
to the applicant as well as to other property owners in the district,
or whether a lesser relaxation than that applied for would give substantial
relief to the owner of the property and be more consistent with justice
to other property owners.
(3)
That the plight of the applicant is due to unique circumstances
of the property and not to general conditions in the area.
(4)
That the plight or problem is not self-created.
(5)
That no nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted use of lands,
structures, or buildings in other districts shall be considered grounds
for the issuance of a variance.
(6)
That the variance observes the spirit of the chapter, secures
public safety, and does substantial justice.
D.
Conditions and safeguards. In granting any variance, the Zoning Board
of Appeals may prescribe appropriate conditions and safeguards in
conformity with this chapter, provided that said conditions:
(1)
Are designed to protect natural resources, the health, safety,
and welfare and the social and economic well-being of the public.
(2)
Are necessary to meet the intent and purpose of this chapter,
are related to the standards established in the chapter for the land
use or activity under consideration, and are necessary to ensure compliance
with those standards.
E.
Violations. 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, and punishable under § 40-3.07
of this chapter.
F.
Limitations of authority. 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, reduce the required
lot area or road frontage below the minimum required for the district
therein located or permit any use expressly, or by implication, prohibited
by the terms of this chapter in said district. Approval of use variances
require a vote of 2/3 of the members of the Zoning Board of Appeals.
G.
Reverse or affirm Zoning Administrator. 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.
A.
Commencement. Each variance granted under the provisions of this
chapter shall become null and void unless:
(1)
The construction authorized by such variance or permit has been
commenced within 180 days after the granting of such variance and
pursued diligently to completion; or
(2)
The occupancy of land or buildings authorized by such variance
has taken place within 180 days after the granting of such variance.
B.
Resubmittal. No application for a variance which has been denied
in whole or in part by the Zoning Board of Appeals shall be resubmitted
for a period of 365 days from such denial, except on grounds of new
evidence or proof of changed conditions found by the Zoning Board
of Appeals to be valid.
A.
ZBA determination. The Zoning Board of Appeals shall determine if
a nonconforming building or structure may be enlarged, expanded, extended,
or altered, and the conditions under which such improvements shall
be made.
B.
Standards. The following standards shall be considered by the Zoning
Board of Appeals:
(1)
The reasons for the nonconformity shall be limited to minimum
lot area and lot width, yard, off-street loading and parking requirements.
In no case shall a building or structure that is nonconforming because
of lot coverage, floor area ratio, or height requirements be permitted
to expand without removing the nonconformity, except as permitted
under a variance for hardship reasons.
(2)
The existing and proposed uses of such buildings and structures
must be among those permitted in the district in which situated.
(3)
The proposed improvement shall conform to all requirements of
the district in which situated.
(4)
The Board shall determine the following in approving a request:
(a)
That the retention of the nonconforming building or structure
is reasonably necessary for the proposed improvement or that the requiring
of removal of such building or structure would cause unnecessary hardship.
(b)
That the proposed improvement is reasonably necessary for the
continuation of activities on the property.
(c)
That the enlarged or otherwise improved nonconforming building
or structure shall not adversely affect the public health, safety,
welfare, and convenience.
(5)
The Board shall have the authority to require removal or modification
of the nonconformity, where such is reasonable, as a condition for
approval. The Board may attach other conditions for its approval which
it deems necessary to protect the public health, safety, welfare,
and convenience.
A.
Process. Appeals from the ruling of the Zoning Administrator of the
Township Board concerning the enforcement of the provisions of this
chapter may be made to the Zoning Board of Appeals within such time
as shall be prescribed by the Zoning Board of Appeals by general rule,
by the filing with the officer from whom the appeal is taken and with
the Zoning Board of Appeals of a notice of appeal specifying the grounds
thereof. The officer from whom the appeal is taken shall forthwith
transmit to the Zoning Board of Appeals all the papers constituting
the record of the action or decision being appealed.
B.
Who may appeal. Appeals to the Zoning Board of Appeals may be taken
by any person aggrieved or by any officer, department, board, agency,
or bureau of the Township, county, or state.
C.
Effect of appeal; restraining order. An appeal stays all proceedings
in furtherance of the action appealed from unless the officer from
whom the appeal is taken certifies to the Zoning Board of Appeals,
after the notice of appeal shall have been filed with him, that by
reason of facts stated in the certificate, a stay would in his opinion
cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Zoning Board of Appeals or by the circuit court,
on application, on notice to the officer from whom the appeal is taken
and on due cause shown.
D.
Representation at hearing. At the hearing, any party or parties may
appear in person or by agent or by attorney.
E.
Decisions of the Zoning Board of Appeals and appeals to the Circuit
Court. The Zoning Board of Appeals shall decide upon all matters appealed
from within a reasonable time and may reverse or affirm in whole or
in part, or may modify the order, requirement, decision, or determination
as in its opinion ought to be made and to that end shall have all
the powers of the Zoning Administrator from whom the appeal is taken.
The Zoning Board of Appeals' decision of such appeals shall be in
the form of a resolution containing a full record of the findings
and determination of the Zoning Board of Appeals in each particular
case. A party aggrieved by the decision shall have the right to appeal
to the Circuit Court on questions of law and fact.
A.
Order. It is the intent of this chapter that all questions of interpretation
and enforcement shall first be presented to the Zoning Administrator,
and that such questions shall be presented to the Zoning Board of
Appeals only on appeal from the decisions of the Zoning Administrator,
and the recourse from decisions of the Zoning Board of Appeals shall
be to the courts as provided by law.
B.
Township Board. 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 article and this chapter.
A nonconforming use may be substituted for an existing nonconforming
use upon approval by the Board of Appeals, provided that the existing
nonconforming use is a legal nonconformity, and provided further that
the proposed nonconforming use is more appropriate than the existing
nonconforming use in the neighborhood in which it is located. The
Zoning Board of Appeals may attach conditions to its approval.
