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(a) The Board of Appeals shall act upon all questions as they may arise in the administration of this Zoning Code, including the interpretation of the Zoning Map, and may fix rules and regulations to govern its procedures as a Board of Appeals.
(b) The Board shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official or body charged with enforcement of this Zoning Code.
(c) The Board of Appeals shall hear and decide all matters upon which it is required to pass under the regulations of this Zoning Code or as may be referred to it under any ordinance adopted by the Township Board.
(d) The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of such administrative official or body, to decide in favor of the applicant on any matter upon which the Board is required to pass under this Zoning Code, or to effect a variance from any regulation of this Code.
(e) The decision of the Board of Appeals shall specifically set forth the basis upon which any determination it may make is made.
(f) The Board shall have the power to permit the erection and use of a building or an addition to an existing building or a public service corporation for public utility purposes in any permitted district to a greater height or of a larger area than the district requirements herein established, and may permit the location in any use district of a public utility building, structure or use if the Board of Appeals shall find a use, height, area, building or structure reasonably necessary for the public convenience and service.
(g) The Board of Appeals, in deciding any matter on which it is requested to pass under this Zoning Code, may establish such reasonable requirements for the use of a site or structure on such site as will assure reasonable protection to abutting properties and adjacent districts.
(h) Members shall disqualify themselves from voting on any matter in which they may have a conflict of interest.
(1) Failure of members to so disqualify themselves from voting on any matter in which they may have a conflict of interest shall constitute misconduct in office.
(2) 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.
(Ord. 260. Passed 7-9-79; Ord. 260-A-31. Passed 5-4-81; Ord. Passed 10-30-23.)
(a) Who May Appeal. An appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the Township, County or State.
(b) Procedures and Fees.
(1) An appeal shall be taken by filing, with the Board of Appeals an application for hearing, specifying the basis of the appeal and paying such fee as may be established by resolution of the Township Board.
A. The Township Board may. by resolution, establish a fee to be paid by any person filing an appeal for a variance to any regulation of this Zoning Code in all cases except those cases where a particular use under this Zoning Code may be permitted only after approval by the Board of Appeals.
B. The Township Board may, by resolution, establish such additional fees as it may deem reasonable to be paid by any person filing an appeal in the event such appellant shall request a special meeting of the Board of Appeals.
(2) The Board of Appeals shall be furnished with all documents constituting the records upon which the action appealed from was taken.
(c) Time and Notice of Appeal.
(1) The Board of Appeals shall schedule a hearing within and at a reasonable time and give due notice thereof to the parties and to any person shown on the latest tax roll as owner of any property within 300 feet of the premises in question and to the occupants of any onefamily and two-family dwellings within 300 feet of the premises in question by personal service or by mail.
(2) Upon the hearing, any party may appear in person or by agent or attorney.
(3) The Board of Appeals shall decide upon the appeal within a reasonable time.
(4) The decision of the Board of Appeals shall not become final until the expiration of seven days from the date of determination, unless the Board of Appeals shall find the immediate effect of the order is necessary for the preservation of property or personal rights and shall so certify on the record. The date of determination shall be deemed to be the date the motion is passed.
(d) Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals, after the application for hearing has been filed and of which notice has been made to said officer, that, by reason of fact stated in a certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order. Such restraining order may be granted by the Board of Appeals or by the Circuit Court, on application, on due notice to the officer from whom the appeal is taken and on due cause shown.
(e) Dimensional or non-use variances may be allowed by the Board of Appeals. Use variances are not authorized in this Zoning Code. Dimensional or non-use variances may be allowed only in cases where there is evidence of practical difficulty and where all of the following standards have been met:
(1) There are extraordinary circumstances or conditions applying to the property that do not apply generally to other properties in the same zoning district. Extraordinary circumstances may include the following:
A. Exceptional narrowness, shallowness or shape of a specific property; or
B. By reason of exceptional topographic or environmental conditions on the land, building, or structure; or
C. The use or development of the property immediately adjoining the property in question would cause practical difficulties of enforcing the requirements of the ordinance.
(2) The variance is necessary for the preservation and enjoyment of a substantial property right similar to that held by other properties in the same zoning district and/or vicinity.
(3) The variance will not be detrimental to adjacent properties and the surrounding neighborhood.
(4) The variance will not impair the intent and purpose of the Zoning Code.
(5) The immediate practical difficulty causing the need for the request was not created by the applicant or the applicant’s predecessor in interest.
(Ord. 260. Passed 7-9-79; Ord. 260-A-31. Passed 5-4-81; Ord. Passed 10-30-23.)
(a) The Board of Appeals 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 shall have all the powers of the officer from whom the appeal is taken.
(b) Where there are practical difficulties in the way of carrying out the strict letter of this Zoning Code, the Board of Appeals shall have the power, in passing upon appeals, to vary or modify any of its rules, regulations or provisions so that the spirit of the Zoning Code shall be observed, public safety secured and substantial justice done.
(Ord. 260. Passed 7-9-79; Ord. Passed 10-30-23.)
The Zoning Board of Appeals shall approve, with or without conditions, or deny the application. The decision on an application shall be incorporated into a statement of findings and conclusions relative to the request which specifies the basis for the decision and any conditions imposed. Reasonable conditions may be required with the approval of an application. Conditions may include conditions necessary to ensure that public services and facilities affected by a variance will be capable of accommodating increase services and facilities affected or caused by the variance activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent properties and to promote the use of land in a socially and economically desirable manner.
Decisions shall be communicated to the applicant, the Township Board, the Planning Commission, and the Planning and Community Development Director within one week from the time of the meeting occurring.
(Ord. Passed 10-30-23.)
All variances granted by the Board of Appeals are subject to several standard conditions. These conditions are to be included in the Certificate of Approval issued to the petitioner. The standard conditions are as follows:
(a) The petitioner must comply with all applicable requirements of Township ordinances.
(b) The project work requiring the variance must be completed within two years of the date that the variance was granted. A petitioner requiring an extension to the two-year period may petition for a request for reconsideration.
(c) The project work must be completed substantially in accordance with the plans submitted to the Board of Appeals. Plans that require revision in order to meet engineering standards and/or minor dimensional changes not affecting the variance are considered to be substantially in accordance with the plans submitted to the Board of Appeals. If there is a question of interpretation, the matter shall be placed on the next available agenda of the Board of Appeals.
(d) The variance is valid only for the useful life of any structure(s) on the property for which variance was granted. The useful life of a structure is deemed to be ended if said structure is destroyed, by any means, to an extent beyond 50% of its reasonable market value.
(Ord. 260-A-393. Passed 6-1-04; Ord. Passed 10-30-23.)