Section 29.01 Creation of Zoning Board of Appeals.
There is hereby established a Zoning Board of Appeals which shall perform its duties and exercise its power as provided by Act 184 of the Public Acts of 1943, as amended, in such a way that the objectives of this Ordinance shall be observed, public safety, morals and general welfare assured, and substantial justice done. The Zoning Board of Appeals shall be appointed by the Township Board and shall consist of five (5) members as follows:
A. The first member of the Board of Appeals shall be a member of the Township Planning Commission.
B. The remaining members of the Board of Appeals shall be selected from the Electors of the Township residing outside of incorporated cities and villages. The members selected shall be representative of the population distribution and of the various interests present in the Township. One (1) member may be a member of the Township Board. An elected officer of the Township shall not serve as Chairman of the Board of Appeals. An employee or contractor of the Township Board may not serve as a member or an employee of the Township Board of Appeals. The total amount allowed the Board of Appeals in any one (1) year as per diem or as expenses actually incurred in the discharge of their duties shall not exceed a reasonable sum which shall be appropriated annually in advance by the Township Board. 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 public hearing. A member shall disqualify himself from a vote in which he has a conflict of interest. Failure of member to disqualify himself from a vote in which he has a conflict of interest shall constitute misconduct in office.
C. The term of each member shall be for three (3) years, except that of the members first appointed two (2) shall serve for two (2) years and the remaining members for three (3) years. A successor shall be appointed not more than one (1) month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.
D. A Township Board of Appeals shall not conduct business unless a majority of the members of the Board are present.
All special meetings of the Zoning Board of Appeals shall be held at the call of the Chairman, and regular meetings at such times as the Township Board may determine. All meetings of the Zoning Board of Appeals shall be open to the public. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote indicating such fact, and shall keep records of its findings, proceedings at hearings, and other official actions, all of which shall be immediately filed in the office of the Township Clerk and shall be public record.
Section 29.03 Appeals and Special Approvals
An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision of the Building Official. Such appeals shall be taken within such time as shall be prescribed by the Township Board by resolution by filing with the Building Official and with the Zoning Board of Appeals, a Notice of Appeal, specifying the grounds thereof and the payment of a fee established by the Township Board. The Building Official shall forthwith transmit to the Zoning Board of Appeals all of the papers constituting the record upon which action appealed from, unless the Building Official 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 the proceedings shall not be stayed otherwise than by restraining order which may be granted by the Circuit Court, on application, on notice to the Building Official and on due cause shown.
The power or authority to alter or change the Zoning Ordinance or Zoning Map is reserved to the Township Board, as is provided by law.
The Zoning Board of Appeals shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.
Section 29.04 Notice of Hearing
Notice of the hearing of the appeal shall be given by the Township Treasurer to all owners of record of property within a radius of three hundred (300) feet of the premises involved by mail addressed to the respective owners at the addresses given in the latest assessment roll.
Section 29.05 Powers of Zoning Board of Appeals Concerning
Administrative Review and Variances
The Zoning Board of Appeals as herein created, is a body of limited powers. The Zoning Board of Appeals shall have the following specific powers and duties:
A. Purpose. To hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision or determination made by Township officials in the enforcement of this Ordinance, and to hear and decide appeals where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Ordinance so that the spirit of the Ordinance shall be observed, public health and safety secured, and substantial justice done.
B. Authorization. In hearing and deciding appeals, the Zoning Board of Appeals shall have the authority to grant such variances as may be in harmony with the general purpose and intent of this Ordinance, so that public health, safety and welfare secured, and substantial justice done, including the following:
1. Interpret the provisions of the Ordinance 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 this Ordinance, where street layout actually on the ground varies from the street layout as shown on the map aforesaid.
In case of any question as to location of any boundary line between zoning districts, the Zoning Board of Appeals shall interpret the Zoning Map after recommendation from the Township Planning Commission.
2. Permit the erection and use of a building, or an addition to an existing building, of a public service corporation or, for public utility purposes, in any zoning district to a greater height or of a larger area than the district requirements herein established, and permit the location in any district of a public utility building or structure if the Zoning Board of Appeals shall find use, height, area, building, or structure reasonably necessary for the public convenience and service.
3. Permit the modification of the off-street motor vehicle parking space and loading space requirements where, in the particular instance, such modifications will not be inconsistent with the purpose and intent of such requirements.
4. Permit such modification of the height, lot area, yard setbacks, floor area and lot width regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape or size, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modifications, provided that modification of lot area regulations shall be permitted only in instances where the nature of the soil and drainage is such that there is sufficient area for safe water supply and sanitary disposal of waste (unless central water distribution and/or sanitary sewage are provided). Whenever the Zoning Board of Appeals determines that the same are necessary in order to render a decision, it may require the appellant to submit a topographical survey or the results of percolation tests certified by a Registered Engineer or Land Surveyor.
5. Permit utilization of substandard lots as regulated by Section 4.15.
C. Conditions. The Zoning Board of Appeals, by a majority vote, may 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 they may deem necessary for the good of the Township. The Board of Appeals may impose conditions upon an affirmative decision so long as the conditions conform to the requirements of Section 29.06 of this Ordinance.
The Zoning Board of Appeals shall not approve an application for a variance unless it has been found affirmatively that:
A. The condition was not created by the applicant or a previous owner of the subject property.
B. The property in question has unique physical features of other unique characteristics.
C. The parcel cannot be reasonably used for uses permitted in the district without granting the variance.
D. Strict application of the provisions of the Zoning Ordinance would be unreasonably burdensome on the applicant.
E. The variance would not cause a substantial injustice to nearby properties nor cause public safety concerns.
F. The variance would not bestow a special right or privilege upon the applicant.
G. A lesser variance would not give substantial relief to the applicant.
H. The variance request is not primarily related to a personal or economic hardship, rather it is
related to a unique physical feature of the property.
Section 29.07 Zoning Board of Appeals Approval, Authority
to Require Documentation
The Zoning Board of Appeals may compel testimony, requiring the appellant to prepare and submit all necessary surveys, plans or other information necessary for the Zoning Board of Appeals to investigate thoroughly the matter before it. The Zoning Board of Appeals may impose such conditions or limitations in granting a variance as it may deem necessary to comply with the spirit and purposes of this ordinance.
Section 29.08 Approval Periods
No order of the Zoning Board of Appeals permitting the erection or alteration of a building shall be valid for a period longer than six (6) months, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
No order of the Zoning Board of Appeals permitting a use of a building or premises shall be valid for a period longer than six (6) months unless such use is established within such period; provided, however, that such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.