The Township Board may from time to time prescribe
and amend by resolution a reasonable Schedule of Fees to be charged
to applicants for appeals to the Zoning Board of Appeals. At the time
the notice for appeal is filed, said fee shall be paid to the Township.
The Zoning Board of Appeals shall not have the
power to alter or change the zoning district classification of any
property, nor to make any change in the terms of this chapter, but
the Zoning Board of Appeals does have power to act on those matters
where this chapter provides for an administrative review, interpretation,
exception, or special approval permit, and to authorize a variance
as defined in this section and laws of the State of Michigan. Said
powers include:
A. To hear and decide appeals where it is alleged by
the appellant that there is an error in any order, requirement, permit,
decision, or refusal made by the Building Official, or any other administrative
official, in carrying out or enforcing any provisions of this chapter.
B. To hear and decide, in accordance with the provisions
of this chapter, requests for exceptions, for interpretations of the
Zoning Map, and for decisions on special approval situations on which
this chapter specifically authorizes the Board to pass. Any exception
or special approval shall be subject to such condition as the Board
may require to preserve and promote the character of the zone district
in question and otherwise promote the purpose of this chapter, including
the following:
(1) Interpret Zoning Map. Interpret the provisions of
this chapter in such a way as to carry out the intent and purpose
of the plan, as shown upon the Zoning Map, fixing the use districts,
accompanying and made part of this chapter, where street layout actually
on the ground varies from the street layout as shown on the map aforesaid.
(2) Permit public utility uses. Permit the erection and
use of a building or use of premises for public utility purposes,
upon recommendation of the Planning Commission.
(3) Permit modifying parking and loading space. Permit
the modification of the automobile parking space or loading space
requirements where, in the particular instance, such modification
will not be inconsistent with the purpose and intent of such requirements.
(4) Permit modifying height and area regulations. Permit
such modifications of the height and area regulations as may be necessary
to secure an appropriate improvement of a lot which is of such shape,
or so located with relation to surrounding development or physical
characteristics, that it cannot otherwise be appropriately improved
without such modification.
(5) Permit temporary buildings and uses. Permit temporary
buildings and uses for periods not to exceed two years in undeveloped
sections of the Township and for periods not to exceed six months
in developed sections.
(6) Permit temporary use. Permit, upon proper application,
the following character of temporary use, not otherwise permitted
in any district, not to exceed 12 months with the granting of twelve-month
extensions being permissible uses which do not require the erection
of any capital improvement of a structural nature. The Board of Appeals,
in granting permits for the above temporary uses, shall do so under
the following conditions:
(a)
The granting of the temporary use shall in no
way constitute a change in the basic uses permitted in the district
nor on the property wherein the temporary use is permitted;
(b)
The granting of the temporary use shall be granted
in writing, stipulating all conditions as to time, nature of development
permitted and arrangements for removing the use at the termination
of said temporary permit;
(c)
All setbacks, land coverage, off-street parking,
lighting, and other requirements to be considered in protecting the
public health, safety, peace, morals, comfort, convenience, and general
welfare of the inhabitants of East China Charter Township shall be
made at the discretion of the Board of Appeals;
(d)
In classifying uses as not requiring capital
improvement, the Board of Appeals shall determine that they are either
demountable structures related to the permitted use of the land or
recreation developments such as, but not limited to, golf driving
ranges and outdoor archery courts, or structures which do not require
foundations, heating systems, or sanitary connections;
(e)
The use shall be in harmony with the general
character of the district;
(f)
No temporary use permit shall be granted without
first giving notice to owners of adjacent property of the time and
place of a public hearing to be held as further provided for in this
chapter. Further, the Board of Appeals shall seek the review and recommendation
of the Planning Commission prior to the taking of any action.
(7) Permit modification of wall requirements. Permit modification
of wall requirements only when such modification will not adversely
affect or be detrimental to surrounding or adjacent development.
(8) Permit decks which exceed height limits. Permit construction of a deck within a required setback area that exceeds the height limitations of §
480-83, Yard regulations, in situations where the deck will not obscure or interfere with the view from adjacent property across the required yard because of special circumstances relating to topography, vegetation, or other existing features that make such exception reasonable. Plans showing dimensions of structures, topography, and adjoining structures or buildings shall be submitted to aid the Board in its decision.
C. Variance. Upon an appeal, a variance from the strict
applications of the provisions of this chapter may be granted by the
Zoning Board of Appeals when strict enforcement of this chapter would
cause undue hardship or practical difficulty owing to circumstances
unique to the individual property on which the variance is granted.
Unique circumstances to a specific piece of property may include exceptional
narrowness, shallowness, shape, area or exceptional topographic conditions
that existed at the time of enactment of this chapter. Relief may
be granted, provided it does not cause substantial detriment to the
public good and does not substantially impair the intent and purpose
of this chapter.
(1) Attachment of conditions. In granting a variance,
the Board may attach thereto such conditions regarding the location,
character, and other features of the proposed uses as it may deem
reasonable in furtherance of the purpose of this chapter.
(2) Statement of justifying grounds. In granting a variance,
the Board shall state the grounds upon which it justifies the granting
of a variance.
(3) Determinations. In consideration of all appeals and
all proposed variations to this chapter, the Board shall, before making
any variations from this chapter in a specific case, first determine
that the proposed variation will not:
(a)
Impair an adequate supply of light and air to
adjacent property; or
(b)
Unreasonably increase the congestion in public
streets; or
(c)
Increase the danger of fire or endanger the
public safety; or
(d)
Unreasonably diminish or impair established
property values within the surrounding area; or
(e)
In any other respect impair the public health,
safety, comfort, morals or welfare of the inhabitants of the Charter
Township of East China.
(4) Majority vote required. The concurring vote of three
members of the Board shall be necessary to reverse any other requirements,
decision, or determination of the Building Official, or to decide
in favor of the applicant any matter upon which it is authorized by
this chapter to render a decision.
(5) Township Board retains legislative power. Nothing
herein contained shall be construed to give or grant to the Board
the power or authority to alter or change this chapter or the Zoning
Map, such power and authority being reserved to the Township Board
of the Charter Township of East China in the manner provided by law.
(6) Discretionary authority of Board. In exercising the
above powers, the Board may reverse or affirm, wholly or partly, or
may modify the orders, 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 all the powers of
the Building Official from whom the appeal is taken.