Sec. 10.01. There is hereby established, a Zoning Board of Appeals, as provided by the Township Rural Zoning Act, consisting of five (5) members, appointed by the Berrien Township Board. Of those appointed, one shall be a member of the Berrien Township Planning Commission; one may be a member of the Township Board. The remaining members shall be appointed from the qualified electors residing outside of incorporated cities and villages within the Township.

 

An elected officer of the Township shall not serve as chairperson of the Board of Appeals.

(Ord. No.6, Eff. May 1, 1981)

Sec. 10.02. The duties and powers of the Board of Appeals shall include the following:

 

10.02A Review. To hear and decide upon appeals made from determinations of the Zoning Administrator or other administrative agent acting under the terms of this Ordinance.

 

10.02B Interpret. To hear and decide upon requests for interpretation of the provisions of this Ordinance in compliance with the intent and purposes set forth in this Ordinance, including zoning district boundaries.

 

10.02C Variances. To grant variances on appeal respecting any provision of this Ordinance if the same cause practical difficulties or undue hardship in conform­ing to the strict letter of the Ordinance, to the end that the spirit of the Ordinance is observed, equity achieved, and substantial justice done. This subsection shall not be construed as permitting the Zoning Board of Appeals to amend the Ordinance, or change any use of property under the guise of a variance.

(Ord. No.6, Eff. May 1, 1981)

 

Sec. 10.03.

 

10.03A Adoption of proceedings. The Zoning Board of Appeals shall adopt proceedings in accord with the provisions of sections 19 through 22 inclusive of the Township Rural Zoning Act, as amended, such being Public Act 184 of 1943.

10.03B Written requests. All applications or petitions for variance, appeal, special land use, rezoning, site plan approval, or other permit, application or petition as may be required by this Ordinance, shall be made to the Township Clerk, and on a form provided by the Township for that purpose.

 

10.03C Appeals. All appeals shall be made in writing by an aggrieved party together with a notice of appeal specifying the grounds thereof to the Zoning Board of Appeals within fifteen (15) days after the date of any decision consti­tuting the basis for appeal. The Zoning Board of Appeals shall return a decision within (30) days after a request or appeal has been filed and heard.

 

The officer from whom the appeal is taken shall transmit to the Zoning Board of Appeals all the papers of record upon which the act appealed from is taken.

 

10.03D Action by the zoning board of appeals. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any appeal under Section 10.03C or to decide in favor of the applicant any matter upon which it is required to pass under this Ordinance.

 

The Zoning Board of Appeals may reverse or affirm, wholly or partly, or modify the order, requirements, decision or determination ~s in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal was taken. The decisions of such vote shall be final, insofar as it involves discretion or the finding of such facts.

(Ord. No.6, Eff. May 1, 1981)