Sec. 16.00. The Village Council of Blissfield shall act as the Zoning Board of Appeals and shall perform duties and exercise powers as provided in Michigan Act 110 of Public Acts of 2006, as amended, in such a way that the objectives of this Ordinance shall be observed, public safety secured, and substantial justice done.

(Amended: 9-28-09)

Sec. 16.01. All meetings of the Zoning Board of Appeals shall be held at the call of the Village Council and at such times as such Board may determine. All hearings conducted by the said Board shall be open to the public. The Village Clerk shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact; and shall also keep records of its hearings and other official action. A majority of the Board shall constitute a quorum for the conduct of its business. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files, and other evidence pertinent to the matters before it.

(Amended: 9-28-09)

Sec. 16.02. An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision of the Zoning Administrator. Such appeal shall be taken within such time as shall be prescribed by the Zoning Board of Appeals by general rule, by filing with the Zoning Administrator and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof. The Zoning Administrator shall forthwith transit to the Board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Zoning Board of Appeals after notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, which case the proceedings shall not be stayed, otherwise than be a restraining order, which may be granted by a court of record.

The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision of the appeal without unreasonable delay. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney.

(Amended: 9-28-09)

Sec. 16.03. The Zoning Board of 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 of this Ordinance, but does have the power to act on those matters where this Ordinance provides for an administrative review, interpretation of the ordinance, and to authorize a variance as defined in this section and laws of the State of Michigan. Said powers include:

1.

Administrative Review. To 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 any other administrative official in carrying out or enforcing any provisions of this Ordinance.

2.

Dimensional Variance; Conditions Governing Application Procedures. To authorize a dimensional variance from the terms of this Ordinance upon appeal in specific cases as will not be contrary to the public interest where, due to special conditions, a literal enforcement of the provisions of this Ordinance would result in practical difficulties. A variance from the terms of this Ordinance shall not be granted by the Zoning Board of Appeals unless and until:

(a)

A public hearing shall be held with notice as hereinafter provided in Section 15.06.1.

(b)

The Zoning Board of Appeals shall require evidence on each of the following and after hearing the evidence presented by all interested parties, shall make written findings as follows:

(1)

That special conditions or circumstances exist which are peculiar to the land, structure, or building involved and which do not apply to or affect other lands, structures, or buildings in the zoning district.

(2)

That the literal interpretation of the provisions of this Ordinance applied under these special circumstances have created or will create practical difficulties in the applicant's use of the land, building, or structures.

(3)

That the special conditions and circumstances did not result from the actions of the applicant.

(4)

That the variance is the minimum variance necessary to alleviate the practical difficulties in the applicant's use of the land, building, or structure.

(5)

That the granting of the variance will be in harmony with the general purposes and intent of this Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. This finding shall include, but not be limited to, findings that the proposed variance will not:

a)

Impair an adequate supply of light and air to adjacent properties;

b)

Unreasonably increase the congestion of traffic in the public streets;

c)

Increase the danger of fire or endanger the public safety; and

d)

Unreasonably diminish or impair established property values within the surrounding area.

3.

Variances, Limitations of the Rights and Powers. Nothing herein provided to the contrary:

(a)

No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

(b)

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.

(c)

Practical difficulties based on economic considerations are not grounds for a variance.

4.

Approval Consideration. To hear and decide in accordance with the provisions of this Ordinance, requests for exceptions, for interpretations of the Zoning Map, and for decisions on temporary uses on which this Ordinance specifically authorizes the Board to pass. Any approval shall be subject to such conditions as the Board may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of this Ordinance, including the following:

(a)

Interpret the provisions of this Ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning Map fixing the use districts, accompanying and made part of this Ordinance, where street layout actually on the ground varies from the street layout as shown on the map aforesaid.

(b)

Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the Planning Commission.

(c)

Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.

(d)

Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification.

(e)

Permit temporary building and uses for periods not to exceed two years in undeveloped sections of the Village and for periods not to exceed six months in developed sections.

(f)

Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed 12 months with the granting of 12 month extensions being permissible: uses which do not require the erection of any capital improvement of a structural nature. The Zoning Board of Appeals, in granting permits for the above temporary uses, shall do so under the following conditions:

(1)

The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.

(2)

The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit.

(3)

All setbacks, land coverage, off-street parking, lighting, and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience, and general welfare of the inhabitants of the Village of Blissfield, shall be made at the discretion of the Zoning Board of Appeals.

(4)

In classifying uses as not requiring capital improvement, the Zoning Board of Appeals shall determine that they are either demountable structures related to the permitted use of the land; recreation developments, such as, but not limited to: golf driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems, or sanitary connections.

(5)

The use shall be in harmony with the general character of the district.

(6)

No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this Ordinance. Further, the Zoning Board of Appeals shall seek the review and recommendation of the Planning Commission prior to the taking of any action.

Special Land Use Approvals. The Zoning Board of Appeals shall not hear appeals of decisions regarding Special Land Use requests.

(Amended: 9-28-09)

Sec. 16.04. In exercising the above powers, the Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Zoning Administrator or Planning Commission from whom the appeal is taken.

(Amended: 9-28-09)

Editor's note— Ord. of Sept. 28, 2009, deleted former § 216.1605, entitled, "Notice".

Sec. 16.06. No order of the Board of Appeals permitting the erection or alteration of a building shall be valid for a period longer than six months, unless a zoning compliance permit for such erection or alteration is obtained within such period, and such erection or alteration is stated and proceeds to completion in accordance with the terms of such permit.

No order of the Zoning Board of Appeals, permitting a use of a building or premise shall be valid for a period longer than six months unless such use is established within such period; provided, however, that such order shall continue in force and effect if a zoning compliance permit for said erection or alteration is started and proceeds to completion in accordance with such permit.

(Amended: 9-28-09)