(A) Creation and membership.
(1) Establishment. By state enabling legislation.
(2) Membership, terms office. By state enabling legislation.
(B) Organization and procedures.
(1) Rules of procedure. The Board of Zoning Appeals shall adopt its own rules of procedure as may be necessary to conduct its meeting and carry out its function. The Board shall choose its Chairperson, and in his or her absence, an Acting Chairperson.
(2) Meetings. Meetings shall be held at the call of the Chairperson and at such times as the Board of Zoning Appeals may determine. All meetings by the Board of Zoning Appeals shall be open to the public. The Board may declare any meeting, or part of any meeting, a study meeting to pursue matters of business without comment or interruption from the public in attendance.
(3) Records. Minutes shall be recorded of all proceedings which shall contain evidence and dates relevant to every case considered together with the 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 be made available to the general public.
(4) Counsel. The Township Attorney shall act as legal counsel for the Board of Zoning Appeals and shall be present at all meetings upon request by the Board of Zoning Appeals.
(5) Hearings.
(a) When a notice of appeal has been filed in proper form with the Board of Zoning Appeals, the Board shall immediately place the said request for appeal on the calendar for hearing, and shall cause notices stating the time, place and object of the hearing to be served, personally or by mail, addressed to the parties making the request for appeal, at least five days prior to the date of the scheduled hearing. All notices shall be sent to the addressee stated on the application.
(b) Any person may appear and testify at the hearings, either in person or by duly authorized agent or attorney. The Board of Zoning Appeals 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 of the Board hearing, no further notice shall be required. The Board shall give due notice to all property owners within 300 feet of the property affected, said notice being given at least five days before the hearing date.
(6) Decisions. The Board of Zoning Appeals shall return a decision upon each case within 30 days after a request or appeal has been filed unless a further time is agreed upon with the parties concerned. Any decision of the Board of Zoning Appeals shall take effect immediately.
(7) Majority vote. The concurring vote of a majority of the members of the Board of Zoning Appeals shall be necessary to reverse any order requirement, decision, or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which they are required to pass under this chapter or to effect any variation in the chapter.
(C) Appeals.
(1) Filing of appeals.
(a) Appeals to the Board of Zoning Appeals may be made by any person aggrieved, or by any officers, department or board of the township government.
(b) Any appeal from the ruling of the Zoning Administrator concerning the enforcement of the provisions of this chapter may be made to the Board of Zoning Appeals within ten days after the date of the mailing of the Zoning Administrator’s decision. Such appeal shall be filed with the Zoning Administrator and shall specify the grounds for the appeal. The Zoning Administrator shall immediately transmit to the Secretary of the Board of Appeals papers constituting the record upon which the action appealed from was taken.
(2) Stay. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Zoning Appeals after notice of appeal has been filed with him or her that by reason of fact stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stated otherwise than by restraining order, which may be granted by the Board of Zoning Appeals or, on application, by a court or record.
(3) Fees. A fee as established by the Township Board shall be paid to the Zoning Administrator at the time of filing application with the Board of Zoning Appeals. The purpose of such fee is to cover, in part, the necessary advertisement, investigations and other expenses incurred by the Board of Zoning Appeals in connection with the appeal.
(D) Duties and powers. The Board of Zoning 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 or intent of this chapter, but does have power to act on those matters where this chapter provides for an administrative review, interpretation, variance exception or special approval permit as defined in this section.
(1) Review. The Board of Zoning Appeals shall 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 Zoning Administrator or by any other official in administering or enforcing any provisions of this chapter.
(2) Interpretation. The Board of Zoning Appeals shall have the power to:
(a) Interpret, upon request, the provision of this chapter in such a way as to carry out the intent and purpose of the chapter;
(b) Determine the precise location of the boundary lines between zoning districts;
(c) Classify a use which is not specifically mentioned as part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district; and
(3) Variances. The Board of Zoning Appeals shall have the power to authorize, upon an appeal specific variance from such requirements as lot regulations, yard and depth regulations, and off-street parking and loading space requirements, provided all of the basic conditions listed herein and any one of the special conditions listed thereafter can be satisfied.
(4) Basic conditions. Any variance granted from this chapter:
(a) Will not be contrary to the public interest or to the intent and purpose of this chapter;
(b) Shall not permit the establishment within a district of any use which is not permitted by right within that zone district, or any use or dimensional variance for which a conditional use permit is required;
(c) Will not cause a substantial adverse effect upon property values in the immediate vicinity or in the district in which the property of the applicant is located;
(d) Is not one where the specific conditions relating to the property are so general or recurrent in nature as to make the formulation of a general regulation for such condition reasonably practical;
(e) Will relate only to property that is under control of the applicant; and
(f) In the case of a detached garage that is the only garage on the parcel, the maximum height of the structure may be increased to complement the architectural character of the principal dwelling.
(5) Special conditions. When all of the foregoing basic conditions can be satisfied, a variance may be granted when any one of the following special conditions can be clearly demonstrated:
(a) Where there are practical difficulties or unnecessary hardships which prevent carrying out the strict letter of this chapter. These hardships or difficulties shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land;
(b) Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape or topography of the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the same zoning district. Such circumstances or conditions shall not have resulted from any act of the applicant subsequent to the adoption of this chapter; and
(c) Where such variations is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.
(6) Rules. The following rules shall be applied in the granting of variances.
(a) The Board of Zoning Appeals may specify, in writing, such conditions regarding the character, location and other features that will in its judgment, secure the objective and purposes of this chapter. The breach of any such condition shall automatically invalidate the permit granted.
(b) 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 six months after the granting of the variance; and
2. The occupancy of land, premises or building authorized by the variance has taken place within one year after the granting of the variance.
(c) No application for a variance which has been denied wholly or in part by the Board of Zoning Appeals shall be resubmitted for a period of one year from the date of the last denial, except on the grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Board to be valid.
(7) Temporary permits. Temporary permits for temporary structures, such as a garage, partial structure, cellar or basement to be used for dwelling purposes, including mobile homes or house travel trailer, not located in a licensed mobile home park subject to the following procedures and limitations.
(a) An application for a permit for the erection or movement of a temporary structure for dwelling purposes, including trailer coaches, shall be made to the Board of Zoning Appeals on a special form used exclusively for that purpose. The applicant shall submit along with the application the written consent of 50% of the owner of all dwelling within 300 feet of proposed site.
(b) The Board of Zoning Appeals shall give due notice to the applicant and to all property owners within 300 feet of the property affected at least five days before the hearing will be held on such application.
(c) A temporary permit shall not be granted unless the Board of Zoning Appeals finds adequate evidence that the proposed location of the use will not be detrimental to property in the immediate vicinity; and that any on-site water supply and sanitary facilities have been approved by the County Health Department.
(d) The Board of Zoning Appeals may impose any reasonable conditions in addition to the district requirements in which the use is proposed, including setbacks, land coverage, off-street parking, landscaping and other requirements deemed necessary to protect adjoining properties and the public welfare. The violation of any such condition shall automatically invalidate the permit.
(e) Unique and temporary conditions shall exist which justify the need for a trailer coach on a given lot or parcel such as dwelling for seasonal farm labor, aged family members, domestic employees or similar dwelling needs of a temporary nature that relate to the use of the principal dwelling on the property in question.
(f) The permit issued shall clearly set forth the conditions under which the permit is granted and shall state that the proposed temporary dwelling structure is to be vacated upon expiration of a specific time limit not to exceed 12 months. No permit shall be transferable to any other owner or occupant. The permit may be renewed in the case of trailer coaches if the conditions of divisions (D)(7)(a) through (D)(7)(e) above can be met again.
(8) Bond for compliance; bond authorized. In authorizing any variance, or in granting any conditional, or special approval permits, the Board of Zoning Appeals may require that a bond of ample sum, but not exceed $5,000, be furnished to ensure compliance with requirements, specifications and conditions imposed with the grant of variance.
(Prior Code, § 15.1604) (Ord. eff. 12-1-2019)