A.

Application: Variances, appeals, interpretations, or other petitions under the authority of the Zoning Board of Appeals as described in herein, may be taken to the Zoning Board of Appeals by any person aggrieved, or by any officer, department, board, or bureau of the state, a local unit of government or the Village. All such requests shall be submitted on an application form provided by the Village. Applications involving a specific site shall be accompanied by ten (10) copies of a plan drawing prepared in accordance with the requirements set forth below. If any of the items listed are not applicable to a particular plan drawing, the applicant shall specify on the plan drawing, which items do not apply, and furthermore, why the items are not applicable. Where an application for appeal involves a variance sought in conjunction with a regular site plan review, the applicable data requirements for site plan review as set forth in Article 8 shall be met. All requests shall be filed with the Village Clerk specifying the grounds thereof, signed by the applicant and including the required fees.

1.

Applicant's name, address, and telephone number;

2.

Scale, north-point, and dates of submission and revisions;

3.

Zoning classification of petitioner's parcel and all abutting parcels;

4.

Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within one hundred (100) feet of the site;

5.

Proposed lot lines and lot dimensions, and general layout of proposed structures, parking areas, driveways, and other improvements on the site;

6.

The Zoning Enforcement Officer or Zoning Board of Appeals has the authority to require additional information that will be applicable to the application such as:

a.

Building elevations and floor plan drawings;

b.

Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys;

c.

Location of existing drainage courses, floodplains, lakes, and streams, and woodlands;

d.

All existing and proposed easements;

e.

Location of sanitary sewer or septic systems, existing and proposed;

f.

Location and size of existing and proposed water mains, well sites, transformers, generators and building service.

B.

Filing Fee. An appeal to the Zoning Board of Appeals shall be in writing and shall be accompanied by a filing fee as established by the Village Board of Trustees, which shall be paid at the time the application for appeal is filed.

C.

Notification: The Zoning Enforcement Officer shall forthwith transmit to the Board of Appeals all of the documents constituting the record upon which the action appealed from were taken. In accordance with the provisions of the Michigan Zoning Enabling Act, Act 110 of the Public Acts of 2006, MCL 125.3101 et seq., as amended, the Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal, give notice thereof, and decide the appeal within a reasonable time.

D.

Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Enforcement Officer certifies to the Zoning Board of Appeals after an application for appeal shall have been filed, 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 the proceedings shall not be stayed except by a restraining order granted by a court of competent jurisdiction.

E.

Public Hearing Required: The Zoning Board of Appeals shall make no decision except after a public hearing has been held.

F.

Final Decision: The decision of the Zoning Board of Appeals shall not become effective until the approval of the minutes of the meeting at which such decision was made, or until the Chair of the Zoning Board of Appeals submits written documentation of its decision with any associated conditions, whichever occurs first. Notification of the decision may be deferred to Village staff if deemed acceptable by the Board. Decisions of the Zoning Board of Appeals shall be final. Appeals of a Zoning Board of Appeals decision shall be to the Circuit Court and in accordance with the provisions of the Michigan Zoning Enabling Act, Act 110 of the Public Acts of 2006, MCL 125.3101 et seq.

G.

Time for Filing and Duration of Validity.

1.

Appeals and interpretations shall be filed within twenty-eight (28) (was thirty (30) days) days of the event giving rise to the appeal.

2.

Nonuse (dimensional) Variance: No order of the Zoning Board of Appeals permitting the erection or alteration of a building shall be valid for a period longer than one (1) year unless a valid building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

3.

Use Variance: No order of the Zoning Board of Appeals permitting a use of a building or premises shall be valid for a period longer than two (2) years unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alterations are started and proceed to completion in accordance with the terms of such permit.

4.

Resubmission: No application for a variance which has been denied wholly or in part by the Zoning Board of Appeals shall be resubmitted except after the expiration of one (1) year from the date of the decision on the original application, unless based upon new evidence or changed conditions.