There is hereby established a board of appeals which, unless specially appointed, is the village council. If a board of appeals is appointed it shall consist of three members with terms set by the village council. The board of appeals shall perform its duties and exercise its powers as provided in Act 184 of the Public Acts of 1943, as amended, in such a way that the objectives of this chapter shall be observed, the public health and safety secured and substantial justice done.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

The board of appeals shall hear and decide only such matters as the board of appeals is specifically authorized to pass on as provided in this chapter. The board of appeals shall not have the power to alter or change the zoning district's classification of any property; nor to make any changes in the terms of this chapter; but does have the power to authorize a variance as defined in this chapter, to act on those matters where this chapter may require an interpretation, and to issue a temporary use permit when authorized by this chapter.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

The board of appeals may authorize upon an appeal, a variance from the strict applications of the provisions of this chapter where by reason of exceptional narrowness, shallowness, shape or contours of a specific tract of land at the time of adoption, or amendment, of the ordinance from which this chapter was derived or by reason of exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property. No variance shall be granted to permit the establishment within a district of any use which is excluded or for which a conditional use permit is required. A variance from the terms of this chapter shall not be granted by the board of appeals unless and until:

(a)

A written application for a variance is submitted, demonstrating the following:

(1)

Special conditions and circumstances exist which are peculiar land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.

(2)

Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

(3)

The special conditions and circumstances do not result from the actions of the applicant.

(4)

Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

(5)

No nonconforming 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)

The board of appeals shall determine that the requirements of the chapter have been met by the applicant for a variance.

(c)

The board of appeals shall determine that the reasons set forth in the application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

(d)

The board of appeals shall determine that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(e)

In granting any variance, the board of appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

(f)

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 180 days after the granting of such variance and pursued diligently to completion; or

(2)

The occupancy of land or buildings authorized by such variance has taken place within 180 days after the granting of such variance.

(g)

No application for a variance which has been denied wholly or in part by the board of appeals shall be resubmitted for a period of 365 days from such denial, except on grounds of new evidence or proof of changed conditions found by the board of appeals to be valid.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

The board of appeals shall hear and decide appeals where it alleged by the applicant there is an error in any order, requirement, permit, decision or refusal made by the planning commission, the zoning administrator or any other administrative official in carrying out or enforcing any provisions of this chapter, including interpretations of the zoning map.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

(a)

Generally. Appeal from the ruling or interpretation concerning the enforcement of the provisions of this chapter may be made to the board of appeals within such time as shall be prescribed by the board of appeals by general rule, by filing of such appeal with the village clerk. This office shall forthwith transmit to the board of appeals all the papers constituting the record upon which the action appealed was taken.

(b)

Who may appeal. Appeals to the board of appeals may be taken by any person aggrieved or by an officer, department, board, agency or bureau of the village, county or state.

(c)

Fee. A fee prescribed by the village council shall be paid to the board of appeals at the time of filing the notice of the appeal which the board of appeals shall pay over, within 30 days after deciding any appeal, to the general fund of the village.

(d)

Effect of appeal; restraining order. An appeal stays all proceedings in furtherance of the action appealed unless the village clerk certifies to the board of appeals, after the notice of appeal shall have 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, in which case proceedings shall not be stayed other than by a restraining order which may be granted by the board of appeals or by the circuit court, on application, of notice to the village clerk and due cause shown.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

When a request for an appeal has been filed in proper form with the board of appeals, the board of appeals' secretary or village clerk shall immediately place the request for appeal upon the calendar for hearing, and cause notice, stating the time, place and object of the hearing to be served personally or by registered return receipt mail at least ten days prior to the date of such hearing, upon the party making the request for appeal.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Upon the hearing, any party may appear in person, by agent or by attorney.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

The board of appeals shall decide upon all matters within a reasonable time and may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and, to that end, shall be in the form of a resolution containing a full record of the findings and determination of the board of appeals in each particular case. Any person having an interest affected by such resolution shall first have the right to appeal to the village council unless the council is acting as the board of appeals, and thereafter shall have the right to appeal to the circuit court.

(Ord. No. 2021.03.01, § 1, 3-8-2021)