There is hereby created a Deckerville Board of Zoning Appeals which shall perform its duties and exercise its powers as provided by Act 207 of the Public Acts of 1921, as amended, and by the provisions of this chapter, to the end that the objectives of this chapter are observed, public safety, health, morals and general welfare secured and substantial justice done.

(Ord. of 5-28-2002, § 7.00.00)

(1)

Three members.

(a)

The chairman of the village planning commission;

(b)

A member of the village council; and

(c)

One person appointed by the village council from among the electors residing in the village.

(2)

Exclusion of the village officers and employees. With the exception of the village council member, no elected officer of the village, nor any employee or contractor thereof, shall serve as a member or as an employee of the board of zoning appeals.

(3)

Qualifications. The zoning appeals board members shall be representative of the population distribution and the various interests present in the village.

(4)

Officers. The member of the board of zoning appeals who has been appointed by the village council from the electors at large shall serve as chairperson. The board of zoning appeals shall elect from its membership a secretary or such other officers or committees deemed necessary. However, neither the chairperson of the planning commission nor the village council member may serve as chairperson of the board of appeals.

(5)

Removal. Members of the board of zoning appeals shall be removable by the village council for nonperformance of duty or misconduct in office upon written charges and after a public hearing. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest shall constitute misconduct in office.

(Ord. of 5-28-2002, § 7.01.00)

(1)

Three-year terms. The members shall be appointed for a term of three years, except for members of serving because of their membership on the planning commission or village council, whose terms shall be limited to the time they are members of the planning commission or village council, respectively, and the period stated in the resolution appointing them.

(2)

Staggered terms. When members are first appointed, the appointments may be for less than three years to provide for staggered terms.

(3)

Succession. A successor shall be appointed not more than one month after the term of the preceding member has expired. All vacancies for un-expired terms shall be filled for the remainder of the term.

(4)

Compensation. The total amount allowed by the board of zoning appeals in any one year as per diem or as expenses actually incurred in the discharge of their duties shall not exceed a reasonable sum which sum shall be appropriated annually in advance by the village council.

(Ord. of 5-28-2002, § 7.02.00)

The Deckerville Board of Zoning Appeals shall not alter or amend the zoning district map and classifications or the provisions of this chapter.

(1)

The board of appeals shall:

(a)

Records. Maintain a separate record and issue written opinions on all actions taken in its capacity as the board of zoning appeals.

(b)

Appeals from zoning administrator. Hear and decide appeals when it is alleged by the applicant that there is an error in any requirement relative to or refusal of the issuance of a compliance or building permit by the zoning administrator or, when applicable, the village building inspector.

(c)

Parking requirements. Permit modification of off-street parking and off-street loading requirements only insofar as area and number of spaces are concerned and where it can be clearly demonstrated that no useful purpose would be served or that land requirement cannot be obtained.

(d)

Dimensional variances. Permit variances to the area, height, and setback requirements where practical difficulties exist because of topography or where there are exceptional circumstances that would deprive the owner of substantial rights enjoyed by other property owners in the same zone and vicinity provided such rights are of conforming nature.

(e)

Zoning structural requirements. Vary or modify any of its rules or provisions relating to the construction or structural changes in, equipment or alteration of buildings or structures or the use of land, buildings or structures where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the ordinance.

(f)

Subpoena. Have the power to subpoena and require the attendance of witnesses administer oaths, compel testimony and the presentation of records and other evidence pertaining to matters being considered.

(g)

Zoning map. Interpret the zoning map where district boundary lines in the absence of monuments and in all cases where such lines are not clearly ascertainable.

(h)

Planning commission. Hear and decide challenges to a decision of the planning commission, including issues related to SLUs.

(Ord. of 5-28-2002, § 7.03.00)

(1)

Notice.

(a)

Public notice of a hearing on any appeal shall be published at least once in a newspaper in general circulation within the village not less than five nor more than 30 days before the hearing.

(b)

Written notice by personal delivery or by first class mail at least 15 days in advance to all property owners reflected by the current tax rolls as owning property located within 300 feet of any point of the property on which the appeal is based.

(c)

The notice shall contain a brief description of the location of the property, the basis of the appeal and the time and place where the hearing will be conducted.

(2)

Schedule. Meetings of the board of appeals shall be held at the call of the chairman and at such times as the board may determine as necessary and may be conducted as part of the agenda of any regular or special meeting of the village council, when that council serves as the board of appeals.

(3)

OMA compliance. Meetings shall be subject to the provisions of the Open Meetings Act, open to the general public and conducted pursuant to and consistent with such rules of order as have been adopted by the board of appeals.

(4)

Voting and records. The board of appeals shall keep an independent record of its proceedings this record shall also show the vote of each member upon each question and which members were absent or abstained from voting.

(Ord. of 5-28-2002, § 7.04.00)

(1)

Bases for appeals. An appeal may be taken to the board of appeals by:

(a)

Any person seeking clarification or interpretation of this chapter, or

(b)

Any person seeking or opposing a special land use as provided for by this chapter, or

(c)

Any person affected by a decision of the building inspector or zoning administrator pursuant to or in conjunction with a compliance, building permit, or land removal and filling permit, or

(d)

By any person seeking a variance.

(2)

Application and fee. All appeals shall be submitted in writing to the village clerk and accompanied by a nonrefundable filing fee set annually by council resolution.

(3)

Hearing date. Upon receipt of a proper application, the board of appeals, shall set a reasonable time and place for a hearing on the appeal and give proper notice thereof to the public and all affected parties, and render a decision without unreasonable delay.

(4)

Time limit for appeals. Appeals made from a determination of the building inspector (where applicable) or zoning administrator shall be made within 30 days following such determination. Appeals from any other decision shall be made within 60 days of such determination.

(Ord. of 5-28-2002, § 7.05.00)

(1)

Determination. In exercising the authority granted to it by this chapter, the village board of appeals may reverse or affirm wholly or partly or modify requirements appealed from and may make such determination and attach such conditions as need to be made.

(2)

Written opinion. The board of zoning appeals shall reduce its findings of fact and determination to writing which determination shall:

(a)

Comply with the constitution and laws of this state,

(b)

Recite the procedure followed,

(c)

Recite sufficient competent, material and substantial evidence in its support, and

(d)

Represent the reasonable exercise of discretion.

(3)

Annulling of unexercised permits. Approval determinations made by the village board of appeals shall become null and void one year after being filed with the village clerk if a building permit has not been issued and construction is not being actively pursued or if other applicable action has not been taken by the applicant. Determinations once voided, shall become the subject of a new approval, and an application subject to all the requirements of the original application, including a new filing fee, must be resubmitted.

(4)

Re-appeal. No appeal rejected by the village board of appeals may be resubmitted for a period of 12 months following such rejection, unless it can be demonstrated that new evidence bearing on the matter can be presented.

(Ord. of 5-28-2002, § 7.06.00)