1.

The village council, or such board appointed by the village council of the Village of Fowlerville shall act as the Fowlerville Board of Appeals in accordance with the City and Village Zoning Act, Public Act No. 207 of 1921 (MCL 125.581 et seq.), as amended, of the State of Michigan.

2.

The village president shall serve as the chairperson of the board of appeals and the president pro tem shall serve as the board of appeal's vice-chairperson.

(Ord. No. 346, § 501, 6-19-2000)

1.

Jurisdiction and powers of board. The zoning board of appeals shall have all powers and authority granted by the state law together with such other powers and duties as are given to such board by the provisions of this ordinance, including the following specific powers:

a.

Administrative review. To hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, permit, decision, or refusal made by the zoning administrator or any other administrative official in enforcing the provisions of this ordinance.

b.

Variances. To authorize upon an appeal filed by the legal or equitable owner of property, a variance of this ordinance in accordance with this ordinance and state law.

c.

Interpretation. To provide interpretations of this ordinance, including the power to:

(1)

Interpret, upon request, the provisions of this ordinance in such a way as to carry out the intent and purposes of this ordinance.

(2)

Determine the precise location of the boundary lines between zoning districts when there is dissatisfaction with a decision made by the zoning administrator.

(3)

Classify a use which is not specifically mentioned as a part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district.

d.

Other powers. To hear and decide all matters referred to it by the village council or upon which such board is required to pass under this ordinance.

e.

Rules. To adopt and enforce rules of procedure consistent with the statutes of the State of Michigan, the Charter of the Village of Fowlerville and the provisions of this ordinance.

2.

Authority transferred. When the zoning board of appeals is reviewing an order, requirement, decision or determination of the planning commission, the zoning administrator, or any other official or body, the board shall have all of the powers of the officer or body from whom the appeal is taken.

3.

Limitations. The board of appeals, notwithstanding any terms herein to the contrary, shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms or intent of this ordinance, nor to prohibit a use which is permitted in this ordinance, nor may it determine the validity of this ordinance.

(Ord. No. 346, § 502, 6-19-2000)

1.

Meetings. The zoning board of appeals shall hold its regular meetings on the same date and immediately prior to the first regular village council meeting of each month, unless other dates and times are established as regular meetings by the board of appeals by resolution. Meetings shall be open to the public and in accordance with state law.

2.

Records. Minutes of all proceedings shall be taken. The minutes shall contain evidence and data relevant to each case considered, together with the separate votes of the members and the final disposition of each case. Minutes shall accompany and be attached to the standard form required of the person appealing as a part of the board's permanent records.

3.

Notice. The zoning administrator shall assure that notice of the meeting involving any appeal or variance request for a specific parcel of property is sent by first class mail or personal delivery to 1) the owners of property for which approval is being considered; 2) all persons to whom real property is assessed on the last village assessment roll, within 300 feet of the boundary of the property in question; and 3) the occupants of all structures within 300 feet of the boundary of the property in question. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall be given not less than five and not more than 15 days before the meeting at which the appeal will be considered.

4.

Decisions. Board of appeals shall return a decision upon each case within a reasonable time period after a request or appeal has been filed with the board.

5.

Fee. Any appeal to the board of appeals shall be accompanied with a payment of a fee as established by the Village council. The fee shall be paid to the zoning administrator at the time of filing of the appeal. The purpose of the fee is to cover, in part, expenses related to necessary investigations, advertisements and other expenses incurred by the board of appeals in connection with the appeal.

6.

Voting.

a.

Interpretations and dimensional (nonuse) variance requests. A concurring vote of a simple majority or 51 percent of the board membership shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body, or to decide in favor or the applicant a matter upon which the board is required to pass, or to effect a variation in the ordinance; excepting requests seeking use variances.

b.

Use variance request. A concurring vote of two thirds of the membership of the board shall be necessary to grant a variance from uses of land permitted in the ordinance.

7.

Counsel. The village attorney shall act as legal counsel for the board of appeals and shall be present at all meetings upon request by the board of appeals.

(Ord. No. 346, § 503, 6-19-2000)

1.

Time limit. Any appeal from a ruling of the zoning administrator concerning the enforcement of the provisions of this ordinance shall be made to the board of appeals through the zoning administrator within 21 days after the date of the zoning administrator's decision or other administrative action which is the basis of the appeal. Any appeal shall be in writing on standard forms provided by the village clerk.

2.

Duties of zoning administrator. The zoning administrator shall transmit to the board all documents, or direct copies thereof, constituting the record from which the appealed action was taken.

3.

Who may appeal. Appeals to the board may be taken by any person aggrieved, or by any officer, department, or board of the village. In the case of a variance request, the legal or suitable owners must join in any appeal. Any party may appear in person or by agent or by attorney at a hearing considering his request or appeal.

4.

Stays all proceedings. An appeal stays all proceedings, and thereupon all changes in the status quo of the property concerned shall constitute a violation of this ordinance; except that the zoning administrator may certify to the board of appeals after the notice of the appeal shall have been filed that for 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 otherwise than by a restraining order which may be granted by the board of appeals or on application to the circuit court when due cause can be shown.

(Ord. No. 346, § 504, 6-19-2000)

The board of appeals may have the power to authorize, upon proper application of appeal, specific variances from such dimensional requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, as specified in this ordinance, provided all the basic requirements listed herein and any one of the special requirements listed thereafter can be satisfied. The variances granted from this ordinance:

1.

Will not be contrary to the public interest and will not be contrary to the purpose and intent of this ordinance.

2.

Will not cause a substantial adverse effect upon property values in the immediate vicinity or in the district in which the property of the applicant is located.

3.

Will relate to specific conditions particular to a property which are so unique that development of a general regulation for the conditions is not reasonable or practical.

4.

Will relate only to property which is under the stated ownership and control of the applicant.

5.

Affects only property subject to exceptional or extraordinary circumstances or conditions that do not generally apply to other property or uses in the vicinity.

(Ord. No. 346, § 505, 6-19-2000)

When all of the basic requirements in section 505 can be met, a nonuse variance may be granted when one of the following special requirements can be demonstrated clearly:

1.

There are practical difficulties or unnecessary hardships applied to the use of applicant's land which prevent carrying out the strict letter of this ordinance. These hardships or difficulties shall not be deemed economic, but shall be evaluated in terms of the use of that particular parcel of land.

2.

Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape or topography of the property involved, or to the intended use of the property, that did not generally apply to other property or uses in the same zoning district. Such circumstances or conditions shall not have resulted from any act of the applicant subsequent to the adoption of the ordinance.

3.

Where such variance is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.

(Ord. No. 346, § 506, 6-19-2000)

The board of appeals shall also have the power to authorize, upon application of appeal, specific use variances providing the petitioner establishes: 1) an unnecessary hardship exists, including that the specific property at issue cannot reasonably be put to any use conforming to the zoning district in which it is located; and 2) all of the basic requirements in section 505 and all of the special requirements in section 506 can be clearly demonstrated by the petitioner as being applicable to the property at issue.

(Ord. No. 346, § 507, 6-19-2000)

The zoning board of appeals, in granting any appeal or variance request, may attach any reasonable conditions to its approval which it finds necessary to accomplish the reasonable application of the basic and special requirements described in this chapter, and are consistent with the zoning enabling laws. The conditions may include conditions necessary to insure [ensure] that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure [ensure] compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all of the following:

1.

Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

2.

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

3.

Be necessary to meet the intent and purpose of the zoning regulations; be related to the basic and special conditions for variances established in this ordinance for the land use or activity under consideration; and be necessary to insure [ensure] compliance with those standards.

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the minutes of the approval action and shall remain unchanged except upon the mutual consent of the board and the landowner. The board shall maintain a record of changes granted in conditions. All approved variances shall also expressly be conditioned upon the variance being used within one year of the date it is approved, whether or not it is reflected in the board's minutes. If construction has not commenced and proceeded meaningfully toward completion by the end of this one-year period, or if a certificate of occupancy is not issued for the proposed use for which the variance was requested within 18 months after the date of approval of the variance by the zoning board of appeals, the variance shall become null and void. The zoning administrator may issue an extension of up to 90 calendar days as to the time limits provided in this section when the zoning administrator feels the extension is warranted and the work on the proposed use is proceeding meaningfully toward completion, as determined by the zoning administrator. Further extensions may be granted when deemed appropriate by the Fowlerville Zoning Board of Appeals.

(Ord. No. 346, § 508, 6-19-2000)