In order that the objectives of the Ordinance may be
more fully and equitably achieved, that there shall be provided a means of
competent interpretation of this Ordinance, that adequate but controlled
flexibility be provided in the application of this Ordinance, that the health,
safety, and welfare of the public be secured, and that justice be done, there
is hereby established a Township Board of Appeals.
(A) The Township Board of Appeals shall consist of
five (5) members. The first member of such Board of Appeals shall be a member
of the Township Planning Commission; the second member may be a member of the
Township Board; the additional three (3) members or four (4) if no member is
a member of the Board (revised 10-25-06) shall
be selected from the electors residing in the Township. All members shall be appointed by the
Township Board. None of the additional
three (3) members or four (4) if no member is a member of the Board (revised 10-25-06) shall be elected officers of the
Township or employees of the Township Board; Members shall be appointed for
three (3) year terms, except the Planning Commission and Township Board
representatives who shall only serve while holding membership on those
respective bodies. (revised Nov. 24, 2003)
(B) 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 or herself from a vote in which the member has
a conflict of interest. Failure of a
member to disqualify himself or herself from a vote in which the member has a
conflict of interest shall constitute misconduct in office.
(A) Up to two (2) alternate members may be
appointed by the Township Board for
three (3) year terms. The alternate members, if appointed, shall be
selected from the electors residing in the Township, and shall not be elected
officers of the Township or employees of
The Board of Appeals shall
adopt its own rules of procedure.
The concurring vote of a majority of the membership of
the Board of Appeals shall be
necessary to reverse any order, requirement, decision, or determination of the
Zoning Administrator; to decide in favor of any application on any matter upon
which the Board is required to pass under this Ordinance; to effect any
variance in this Ordinance; or to constitute a denial of an application for
purposes of Section 28.9(C).
Meetings shall be open to the public, and shall be held
at the call of the Chairman and at such other times as the Board of Appeals shall specify in
its rules of procedure. The Board shall choose its own Chairman and, in his
absence, an acting Chairman.
Minutes shall be recorded of all proceedings which shall
contain evidence and data relevant to every case together with votes of the
members and the final disposition of each case. Such minutes shall be filed in
the office of the Township Clerk and shall become matters of public record.
The Township Clerk shall act as the Secretary
of the Board of Appeals and all records
of the Board's action shall be taken and recorded under his direction. The
Township Attorney shall act as legal counsel for the Board and shall be present
at all meetings upon request of the Board.
When a notice of appeal has been filed in proper form
with the Board of Appeals, the Secretary shall immediately place said request for
appeal upon the calendar for hearing, and notice of such hearing shall be in
accordance with the statutory requirements of the State of Michigan. (revised 10-25-06) The
Board may recess such hearings from time to time, and, if the time and place of
the continued hearing be publicly announced at the time of adjournment, no
further notice shall be required.
(A) The Board of Appeals shall return a
decision upon each case within one hundred twenty (120) days after a request of
appeal has been filed with the Board unless a further time is agreed upon with
the applicant and the Board. Any
decision of the Board shall not become final until the expiration of five (5)
days from the date of entry of such order and service of the same upon the
parties concerned unless the Board shall find the immediate effect of such
order is necessary for the preservation of property or personal rights and
shall so certify on the record. The
decision of the Board of Appeals shall be final; however, any person having an
interest affected by any such decision shall have the right of appeal to the
Circuit Court on questions of law and fact.
(B) Each variance granted under the provisions of this Ordinance
shall become null and void unless the construction authorized by such variance
has been commenced within one (1) year after the granting of the variance and
is being carried progressively to completion or the occupancy of land,
premises, or buildings authorized by the variance has taken place within one
(1) year after the variance was granted.
(C) No application for a variance which has been denied wholly or
in part by the Board shall be resubmitted
for a period of one (1) year from the date of the last denial, except on
grounds of newly discovered evidence or proof of changed conditions found upon
inspection by the Board to be valid.
Appeals to the Board of Appeals may be taken by
any person aggrieved, or by any officer, department or board of the Township.
Any appeal from the ruling of the Zoning Administrator concerning the
enforcement of the provisions of this Ordinance may be made to the Board of
Appeals within five (5) days after the date of the Zoning Administrator's
decision which is the basis of the appeal. The appellant must file with the
Zoning Administrator a notice of appeal specifying the grounds for appeal. The
Zoning Administrator shall immediately transmit to the Board of Appeals all the
papers constituting the record upon which the action appealed from was taken.
(A) Stays. An appeal shall
stay all proceedings in furtherance of the action appealed from unless the
Zoning Administrator certifies to the Board of Appeals after the notice
of the appeal shall have been filed with him that, for 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 Board of Appeals or, on
application, by the Circuit Court when due cause can be shown.
(B) Representation. Any
party may appear in person or by agent or by attorney at a hearing considering
his request or appeal.
(C) Fees. A fee as established by
the Township Board shall be paid to the
Township Clerk at the time of filing application with the Board. The purpose of
the fee is to cover any necessary advertisement and investigation expenses
incurred by the Board of Appeals in connection with the appeal.
The Township Board of Appeals shall have the
following specified duties and powers:
(A) Review. Shall hear and
decide appeals from and review any order, requirement, decision, or
determination made by the Zoning Administrator in the administration of this
Ordinance.
(B) Interpretation. Shall
have the power to:
(1) Hear and
decide upon request for the interpretation of the provisions of this Ordinance.
(2) Determine
the precise location of boundary lines between zoning districts when there is
dissatisfaction with a decision upon said subject made by the Zoning
Administrator.
(3) Classify
a use which is not specifically mentioned along with a comparable permitted or
prohibited use for purpose of the use regulations in any zoning district.
(4) Determine
the off-street parking and loading requirements of any use which is not
mentioned in Chapter 27, either by classifying it with one of the groups listed
or by analysis of the specific need.
(C) Variances. The Board of Appeals shall have the power to
authorize, upon an appeal, specific variances from the requirements of this
Ordinance, when the applicant demonstrates that ALL of the following conditions
will be satisfied.
(1)
Granting the variance be in
the public interest and will ensure that the spirit of this Ordinance shall be
observed.
(2)
Granting the variance shall
not permit the establishment within a district of any use which is prohibited,
nor shall any use variances be granted.
(3) That there are practical difficulties in complying with the standards of
the Zoning Ordinance resulting from exceptional, extraordinary, or unique
circumstances or conditions applying to the property in question, that do not
generally apply to other property or uses in the vicinity in the same zoning
district; and have not resulted from the adoption of this Ordinance.
(4) That the granting of such
variance will not be of substantial detriment to adjacent properties or improvements
in the vicinity; or, that the application of conditions to an approved variance
will eliminate or sufficiently mitigate potential detrimental impacts.
(5)
That granting
such variance is necessary for the preservation of a substantial property
right possessed by other properties in the vicinity in the same zoning
district.
(6)
That granting such variance
will not cause any existing non-conforming use, structure, or condition to be
increased or perpetuated, contrary to the provisions of Chapter 27 of this Ordinance,
except in accordance with Section 27.12
(7)
That the variance is not
necessitated as a result of any action or inaction of the applicant.(revised