The October 2,2009 ZBA ruling and decision follows:
” A. Find that the decision and interpretation of Mr. William Rogers that the transient rentals within the AuTrain and the LS/R II Zoning District are legal non-conforming uses be reversed and nullified based upon the following grounds pursuant to MCL 125.3602,125.3604.
1. Mr.Roger's decision, declaration or statement is not in conformity with the procedures set out by law and the AuTrain Township Zoning Ordinance;
2. That Mr. William Rogers had no authority to make an interpretation declaring illegal non-conforming uses were legal under law or Township Zoning Ordinance;
3. That such authority if it existed, was not properly exercised since no public notice and hearing as required by law and the Zoning Ordinance was provided to interested property owners either before or after the announced decision was offered.
4. That the transient rentals are illegal, non-conforming uses within the LS&R II district, have been so from and after 1979 and cannot be made legal under any authority possessed by Mr. William Rogers by mere declaration.
B. Finding that the present proceeding noticed and held by the Planning Commission with respect to the review of non-conforming uses by declared improper as not in accord with the AuTrain Township Zoning Ordinance and the Michigan Zoning Enabling Act.
C. This Board further find that the transient rentals currently operating within the LS&R II Zoning District(AuTrain Township) are illegal nonconforming uses and hence subject to Court-ordered abatement as nuisance. MCL 125.3407."
