There is hereby established a Board of Zoning Appeals which shall perform its duties and exercise its powers as provided in Article VI of Act 110 of the Public Acts of 2006, as amended, in such a way that the objectives of this Zoning Code shall be observed, public safety secured and substantial justice done.

(Ord. 101. Passed 2-20-70; Ord. 2006-03. Passed 11-13-06.)

   The Board of Zoning Appeals, consisting of seven members, is hereby created to replace the Board heretofore created by the Village of Franklin in Ordinance No. 21, effective August 18, 1964. When the term of an individual member of the Board expires, the Village Council shall appoint a successor for a three-year term from the date of expiration of said original member's term, except for the seventh member added by this section to the earlier six-man Board, which member shall be appointed for a three-year term at the time the next reappointment or appointment is made to the Board. All members shall be citizens of the United States and residents of the Village of Franklin and shall not be employees of the Village. One member of the Board shall be a member of the Village Planning Commission. One member of the Board may be a member of the Village Council, but shall not serve as chairperson of the Board. Members may be removed by the Village Council for misfeasance, malfeasance, or nonfeasance in office only after consideration of written charges and a public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest; failure to do so constitutes malfeasance in office. Any vacancy in the Board shall be filled by the Village Council for the remainder of the expired term.

   Appointments to the Board shall be made annually on July 15. Vacancies of specific unexpired terms may be filled throughout the year. Each term shall begin on July 15 and end on July 14.

   The Village Council may appoint not more than two alternate members for the same term as regular members to the Board. An alternate member may be called as specified to serve as a member of the Board in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which a regular member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the Board.

(Ord. 101. Passed 2-20-70; Res. 98-116. Passed 6-8-98; Res. 98-117. Passed 6-8-98; Ord. 2006-03. Passed 11-13-06.)

   The Chairperson, Vice Chairperson and Secretary of the Board of Zoning Appeals shall be elected annually by the members of the Board.

(Ord. 101. Passed 2-20-70.)

   All meetings of the Board of Zoning Appeals shall be held at the call of the Chairperson or, in his or her absence, the Vice Chairperson, and at such times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member on each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its findings, proceedings at hearings and other official actions, all of which shall be immediately filed in the office of the Village Clerk and shall be a public record. A quorum shall consist of five members, and the Chairperson can vote on all matters.

(Ord. 101. Passed 2-20-70; Res. 84-149. Passed 12-10-84.)

   An appeal may be taken to the Board of Zoning Appeals by any person or by any officer, department, board or bureau affected by any order, requirement, decision or interpretation related to the Zoning Code. Such appeal shall be taken within such time as shall be prescribed by the Board of Zoning Appeals by general rule by filing with the Building Official and with the Board a notice of appeal specifying the grounds thereof. The Building Official shall forthwith transmit 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 Building Official certifies to the Board, after the notice of appeal has been filed with him or her that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by 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 on the appeal without unreasonable delay. Notice of the hearing shall be given in accordance with Section 1242.08. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney.

(Ord. 101. Passed 2-20-70; Ord. 2006-03. Passed 11-13-06; Ord. 2017-02. Passed 2-13-17.)

   A fee of one hundred dollars ($100.00) shall be paid to the Village Treasurer at the time notice of an appeal is filed, unless payment of such fee is waived by the general rules adopted by the Board of Zoning Appeals.

   The Board of Zoning Appeals, as herein established, is a body of limited powers. The Board shall have the following specific powers and duties:

         The power or authority to alter or change this Zoning Code or the Zoning Map is reserved to the Village Council of the Village of Franklin in the manner provided by law.

      (1)   The Board may brant a requested “non-use” or “dimensional” variance only upon finding that practical difficulties exist. A finding of practical difficulties must require demonstration by the applicant of all of the following:

         A.   Strict compliance with restrictions governing area, setback, frontage, height, bulk, density or other non-use matters will unreasonably prevent the owner from using the property for a permitted purpose or will render Zoning Code conformity unnecessarily burdensome.

         B.   The variance will do substantial justice to the applicant, as well as other property owners.

         C.   A lesser variance than requested will not give substantial relief to the applicant and/or be consistent with justice to other property owners.

         D.   The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district.

         E.   The problem and resulting need for the variance has not been self- created by the applicant and/or the applicant’s predecessors. Self-created conditions include, but are not limited to:

            1.   The property owner not knowing or discovering local zoning restrictions and opportunities.

            2.   The property owner making financial commitments prior to zoning approval.

            3.   The property owner constructing without necessary permits.

            4.   The property owner creating a unique situation.

            5.   The property owner overbuilding or not building to market conditions.

            6.   The property owner falsifying information.

      (2)   The Board may grant a requested “use” variance only upon a finding that an unnecessary hardship exists. A finding of unnecessary hardship must require a demonstration by the applicant of all of the following:

         A.   The property cannot be put to a reasonable use is permitted to be used only for uses allowed in the district in which it is located.

         B.   The hardship of the owner is due to unique circumstances peculiar to the property and not to general neighborhood conditions.

         C.   The problem is not self-created. Self-created conditions include, but are not limited to:

            1.   The property owner not knowing or discovering local zoning restrictions and opportunities.

            2.   The property owner making financial commitments prior to zoning approval.

            3.   The property owner constructing without necessary permits.

            4.   The property owner creating a unique situation.

            5.   The property owner overbuilding or not building to market conditions.

            6.   The property owner falsifying information.

         D.   The proposed variance will cause development of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood.

         E.   The proposed variance will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle contacts in Residential Districts.

         F.   The location, size, intensity, site layout and periods of operations of any such proposed development allowed by the variance will be designed to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.

         G.   The location and height of buildings or structures and the location, nature and height of walls and fences allowed by the variance will be such that the proposed use will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

         In exercising the above powers, the Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or interpretation appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Building Official.

(Ord. 101. Passed 2-20-70; Ord. 2017-02. Passed 2-13-17.)

   The Board of Zoning Appeals, in conducting any public hearing, shall fix a reasonable time for hearing and appeal within thirty days of receipt of the notice of appeal, and shall give due notice to the parties concerned in accordance with Section 1242.08. The Board shall decide the appeal within a reasonable period of time, not to exceed thirty days.

(Ord. 2006-03. Passed 11-13-06.)

   No order of the Board of Zoning Appeals permitting the erection or alteration of a building shall be valid for a period longer than 12 months 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 alteration is started and proceeds to completion in accordance with such permit within twelve months after the order of the Board. The Board may, upon application, in writing, stating the reasons therefor, extend the 12-month period for an additional six-month period.

(Ord. 101. Passed 2-20-70; Ord. 2017-02. Passed 2-13-17.)