(a)

Except where otherwise stated in this chapter, the provisions of this chapter shall be administered by the zoning administrator, or such other officials as may be designated by the village council.

(b)

The zoning administrator shall have the power to grant certificates of zoning compliance and to make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this chapter.

(c)

The zoning administrator shall order the discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures; discontinuance of any illegal work being undertaken; or shall take any other action authorized by the chapter to ensure compliance with, or prevent violation of, its provisions.

(Ord. No. 82, § 19.1, eff. 6-25-1991)

(a)

All applications for amendments to this chapter shall be submitted to the village clerk at least 30 days prior to first consideration by the village planning commission.

(b)

Requests for amendments to this chapter may be initiated in writing by the owner of the property requested for rezoning, or their agent, the planning commission or the village council. In the case of an amendment requested by the owner of the property requested for rezoning, or their agent or designated representative, the request shall include the following:

(1)

The name and address of the person making the request and of all persons having legal or equitable interest in any land which is requested for rezoning;

(2)

A legal description and street address of the subject property and a map at a scale of not less than one inch equals 50 feet identifying the subject property in relation to surrounding properties.

(3)

The existing and proposed zoning district designation of the subject property.

(4)

An application fee, as determined by the village council from time to time.

(Ord. No. 82, § 19.2, eff. 6-25-1991)

State Law reference— Amendment procedure, MCL 125.584.

After initiation, amendments to this chapter, including the zoning district map, shall be considered as provided for in the City and Village Zoning Act, as amended.

(1)

The village clerk shall give notice of the time and place of the planning commission public hearing at which the amendment will be heard and the places and times at which the request can be examined. This notice shall be published in a newspaper of general circulation in the village not less than 15 days from the date of such hearing.

(2)

The village clerk shall give similar notice of the time and place of such hearing to each public utility company owning or operating any public utility or railroad within the districts or zones affected not less than 15 days before the public hearing.

(3)

The village clerk shall, in the case of the proposed rezoning of any lot, conspicuously post on such lot a notice stating the time, place, date, and purpose of the hearing at which the rezoning will be considered.

(4)

Following such hearing, the commission shall recommend to the village council that the rezoning be approved or denied, based on the standards of this article.

(5)

The village council shall hold a public hearing and either approve or deny the request.

(Ord. No. 82, § 19.3, eff. 6-25-1991)

In considering any petition for an amendment to the official zoning map, the planning commission and the village council shall consider the following criteria in reaching a decision:

(1)

Whether the proposed zoning district is consistent with goals, strategies and future land use plan of the village master plan, or other adopted corridor or subarea land use studies.

(2)

Whether the proposed zoning change is consistent with the purposes of this chapter.

(3)

Whether all of the permitted uses within the proposed zoning district are compatible with existing uses surrounding the subject site.

(4)

Whether the applicant can demonstrate that a reasonable rate of return cannot be obtained under the current zoning classification.

(5)

Whether there is sufficient infrastructure capacity and land capability to support all of the various uses permitted in the requested zoning district.

(6)

Whether there is a demonstrated need for additional property in the requested zoning classification and/or a lack of available land under the requested zoning district.

(Ord. No. 82, § 19.4, eff. 6-25-1991)

(a)

No building permit shall be issued for the construction, erection, alteration, expansion, moving or repair of any building or other structure until a certificate of zoning compliance has been issued therefor. Issuance of such a certificate shall indicate that the use and plans for which the permit is requested comply with this chapter.

(b)

It shall be unlawful to use or occupy or permit the use or occupancy of any building, structure or premises, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, as permitted under the terms of this chapter, until a certificate of zoning compliance shall have been issued hereunder by the zoning administrator. The certificate shall state that the building, structure, and lot and use thereof, conform to the requirements of this chapter.

(c)

The zoning administrator shall maintain a record of all certificates of zoning compliance.

(d)

Certificates of zoning compliance authorize only the use, arrangement and construction set forth in the application and any appended plans, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter. Any change in approved plans shall occur only as provided for in this article and shall require the issuance of an amended certificate of zoning compliance.

(Ord. No. 82, § 19.5, eff. 6-25-1991)

(a)

As a condition of approval of a site plan, conditional use or planned unit development, the planning commission or the council, as applicable, may require a financial guarantee of sufficient sum to ensure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety and welfare of the public and of users or inhabitants of the proposed development. Such features or components, hereafter referred to as "improvements," may include, but shall not be limited to, roadways, curbs, landscaping, fences, walls, screens, lighting, drainage facilities, sidewalks, driveways, parking areas, utilities and similar items.

(b)

Performance guarantees shall be processed in the following manner:

(1)

Prior to the issuance of an occupancy permit, the applicant shall submit an itemized estimate of the cost of the required improvements, which shall then be reviewed by the zoning administrator or building inspector. The amount of the performance guarantee shall be 100 percent of the cost of installing the required improvements, plus the cost of necessary engineering and ten percent contingencies.

(2)

The required performance guarantee may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the village.

(3)

Upon receipt of the required performance guarantee, the zoning administrator shall issue an occupancy permit for the subject development or activity, provided it is in compliance with all other applicable provisions of this chapter.

(4)

The village clerk, upon the written request of the obliger, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvement.

(5)

When all of the required improvements have been completed, the obliger shall send written notice to the zoning administrator of completion of such improvements. Thereupon, the zoning administrator or village building inspector shall inspect all of the improvements and shall recommend to the council approval, partial approval, or rejection of the improvements with a statement of the reasons for any rejections. If partial approval is recommended, the cost of the improvement rejected shall be set forth.

(6)

The council shall either approve, partially approve or reject the improvements. The village clerk shall notify the obliger in writing of the action of the council within 30 days after receipt of the notice from the obliger of the completion of the improvements. Where partial approval is granted, the obliger shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.

(7)

A record of authorized performance guarantees shall be maintained by the village clerk.

(Ord. No. 82, § 19.6, eff. 6-25-1991)

State Law reference— Deposit of performance guarantee, MCL 125.584e.

(a)

Required. No structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the village building inspector. No building permit shall be issued by the village building inspector except in conformity with the provisions of this chapter, a CVP approval shall not authorize something not in conformity with the chapter, or a reversal on appeal, or variance from the zoning board of appeals in accordance with the provisions as provided by this chapter.

(b)

Submittal requirements. One copy of the plans shall be returned to the applicant by the village building inspector after he shall have marked such copy either as approved, or disapproved, and attested to the same by his signature on such copy. One copy of the plans, similarly marked, shall be retained by the village building inspector.

(c)

Expiration. If the work described in any building permit has not begun within six months from the date of the issuance thereof, such permit shall expire, except as otherwise provided in this article. It shall be canceled by the village building inspector, and written notice thereof shall be given to the persons affected. If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, such permit shall expire, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

(d)

Construction and use to be as provided in applications, plans, permits and certificates of zoning compliance. Building permits or certificates of zoning compliance shall be issued by the village building inspector on the basis of plans and applications approved, where necessary, by the village planning commission or the zoning board of appeals and authorize only the use, arrangement, and construction set forth in such approved plans or construction. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this chapter, and punishable as provided under applicable provisions of this chapter.

(Ord. No. 82, § 19.7, eff. 6-25-1991)

(a)

Whoever violates any of the provisions of this chapter shall be responsible for a municipal civil infraction and be subject to the payment of a civil fine in accordance with the following schedule:

(1)

First violation within a one-year period: $100.00.

(2)

Second violation within a one-year period: $250.00.

(3)

Third and each subsequent violation within a one-year period: $500.00.

(b)

The one-year period referenced above shall begin to run as of the date of the first violation. For illustrative purposes only, if the violation occurs on July 1, 2019, the one-year period shall be from July 1, 2019 to June 30, 2020.

(c)

Each day that a violation occurs or continues constitutes a separate offense and shall be subject to the penalties or sanctions provided herein as a separate offense.

(d)

In addition to constituting municipal civil infractions, violations of this chapter may also constitute nuisances per se and the village may institute an appropriate action in a court of competent jurisdiction seeking injunctive, declaratory, or other equitable relief to enforce or interpret this chapter.

(Ord. No. 82, § 19.8, eff. 6-25-1991; Ord. No. 36-556, § 1, 2-13-2023)

(a)

Fees, charges, and expenses shall be assessed as part of the application for conditional use permits, variances, appeals, building permits, certificates of zoning compliance, and amendments to defray expenses incurred in processing such application.

(b)

The village council shall establish a schedule of fees, charges, and expenses, and establish a procedure for their collection, and may change the schedule by a resolution duly adopted. The schedule of fees, charges, and expenses shall be available at the village offices.

(c)

No action shall be taken on any application or appeal until all applicable fees, charges, and expenses have been paid in full.

(Ord. No. 82, § 19.9, eff. 6-25-1991)

Pursuant to Act No. 579 of the Public Acts of 2004, amending the City and Village Zoning Act, 1921 PA 207, an applicant for a rezoning may voluntarily offer a conditional zoning agreement (herein referred to as "zoning agreement") along with an application for rezoning before or following the public hearing for a proposed rezoning. The following requirements shall apply:

(1)

Content of agreement. The zoning agreement shall include the following:

a.

A description of the conditions, in accordance with section 36-50(2).

b.

Acknowledgement that the zoning agreement was proposed voluntarily by the applicant.

c.

Agreement and understanding that the property shall not be developed or used in any manner that is not consistent with the zoning agreement.

d.

Agreement and understanding that the approval of the rezoning and the zoning agreement shall be binding upon and inure to the benefit of the property owner and the village, and also their respective heirs, successors, assigns, receivers or transferees.

e.

Agreement and understanding that, if a rezoning with a zoning agreement becomes void in accordance with this section, that no further development shall take place and no permits shall be issued unless and until a new zoning district classification for the property has been established.

f.

Agreement and understanding that no part of the zoning agreement shall permit any activity, use, or condition that would otherwise violate any requirement or standard that is otherwise applicable in the new zoning district.

g.

Any other provisions as are agreed upon by the applicant, property owner, and the village.

(2)

Allowable conditions. The zoning agreement shall only include conditions that bear a reasonable and rational relationship and/or benefit to the property in question. The zoning agreement may include one or a combination of the following conditions:

a.

Techniques to minimize the impact of the development on surrounding properties.

b.

Methods to preserve natural features and open space.

c.

Limitations on the uses permitted on the property in question.

d.

Specification of lower density or less intensity of development and use.

e.

More restrictive measures on the location, size, height, or other measure for buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture and other features.

f.

Commitment to extension, installation or construction of or improvements to roadways, utilities or other infrastructure serving the site.

(3)

Prohibited provisions. The zoning agreement may not authorize the following:

a.

Uses or developments of greater intensity or density.

b.

Uses which are not permitted in the proposed zoning district.

c.

Variations from height, area, setback or similar dimensional requirements which are less restrictive than the proposed zoning district.

d.

Any conditions that do not have a reasonable and rational relationship to the subject site.

(4)

Review and approval process. In addition to the standard amendment procedures set forth in section 36-44, when a zoning agreement is incorporated, the following additional steps are required.

a.

The proposed zoning agreement may be submitted prior to or following the planning commission public hearing.

b.

If the proposed agreement is provided following the public hearing it must be reviewed by planning commission prior to planning commission making its recommendation on the rezoning to the village council.

c.

If submitted prior to or at the same time as the rezoning application, both shall be reviewed and action taken currently.

d.

The proposed zoning agreement shall be reviewed by the village attorney to determine that the zoning agreement conforms to the requirements of this section and the City and Village Zoning Act, as amended, and shall confirm that the zoning agreement is in a form acceptable for recording with the county register of deeds.

e.

Upon approval of the zoning agreement and rezoning, the approved zoning agreement shall be executed by the applicant, the property owner, and the village and recorded with the county register of deeds.

f.

The approved zoning agreement and rezoning shall be referenced on the zoning map with the new district, plus a number chronologically assigned to indicate that the property is subject to a zoning agreement (i.e., "LDR-1," "GBD-2"). The village administrator shall maintain a listing of all properties subject to zoning agreements and shall provide copies of the agreements upon request.

(5)

Standards of review. The planning commission and village council shall use the criteria listed in section 36-44 to evaluate the rezoning. In addition, the planning commission and village council shall consider whether the proposed zoning agreement meets the following additional criteria:

a.

Is consistent with the intent of this article.

b.

Bears a reasonable and rational connection and/or benefit to the property being proposed for rezoning.

c.

Is necessary to insure that the property develops in such a way that protects the surrounding neighborhood and minimizes any potential impacts to adjacent properties.

d.

Is necessary to allow the rezoning to be approved, in that the property could not or would not be rezoned without the proposed zoning agreement.

e.

Leads to a better development that is more compatible with abutting or surrounding uses than would have been likely if the property had been rezoned without a zoning agreement, or if the property were left to develop under the existing zoning classification.

f.

Is consistent with the master plan.

(6)

Expiration.

a.

Two-year expiration. The rezoning and zoning agreement shall expire two years after adoption of the rezoning and zoning agreement, unless substantial construction on the approved development of the property pursuant to building and other required permits issued by the village commences within the two year period and proceeds diligently to completion, as required by ordinance unless extended by the village for good cause shown by the applicant.

b.

Agreement void. In the event that substantial construction on the approved development has not commenced within the aforementioned two years, the zoning agreement shall be void and of no effect.

c.

Development cease. Should the zoning agreement become void, all development on the subject property pursuant to the agreement shall cease, and no further development consents, or approvals shall be permitted. Until action satisfactory to the village is taken to bring the property into compliance with the zoning agreement, the village may withhold or, following notice to the applicant and being given an opportunity to be heard, revoke permits and certificates, in addition to or in lieu of any other lawful action to achieve compliance.

d.

First extension. Notwithstanding the above, if the property owner applies in writing for an extension of the zoning agreement at least 30 days prior to the expiration date and submits satisfactory evidence with just cause for the extensions, the village council may, after recommendation by the planning commission, grant an extension of up to one year.

e.

Second extension. A second extension of one year may be granted provided the applicant's progress in developing the property is in accordance with the provisions of the zoning agreement and that there has been progress since the first extension granted.

(7)

Failure to comply. Failure to comply with the zoning agreement at any time after approval will constitute a breach of the agreement and also a violation of this chapter, and further use of the property may be subject to legal remedies available to the village.

(8)

Reversion of zoning. If the rezoning and zoning agreement become void as outlined above, then the land shall automatically revert back to its original zoning classification as set forth in MCL 125.286i. The village clerk will advise the land owner and developer, by registered letter, of the reversion of zoning.

(9)

Subsequent rezoning of land. Nothing in the zoning agreement, nor any statement or other provision, shall prohibit the village from later rezoning all or any portion of the property that is the subject of the zoning agreement to another zoning classification. Any rezoning shall be conducted in compliance with this chatper and the City Zoning Act. Any land use initiated pursuant to the zoning agreement shall be allowed to continue, after any later rezoning under this subsection, in accordance with subsection (10) below.

(10)

Continuation.

a.

Provided that all development and/or use of the property in question is in compliance with the zoning agreement, a use or development authorized there under may continue indefinitely, provided that all terms of the zoning agreement are followed.

b.

Failure to comply with the zoning agreement at any time after approval will constitute a breach of the agreement and also a violation of this chapter, and further use of the property may be subject to legal remedies available to the village under the Zoning Ordinance and the Village Zoning Act.

(11)

Amendment.

a.

During the initial two year period, or during any extension granted by the village as permitted above, the village shall not add to or alter the zoning agreement, even with the landowner's consent.

b.

The zoning agreement may be amended after the expiration of the initial two year period and any extensions, in the same manner as was prescribed for the original rezoning and zoning agreement.

(12)

Other required reviews. Any uses proposed as part of a zoning agreement that would otherwise require approval of a special land use or site plan approval shall be subject to the applicable review and approval requirements of Articles 30 and 33.

(13)

Failure to offer conditions. The village shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect the owner's rights under this chapter.

(14)

Performance guarantee. If the developer proposes to construct any public improvements in connection with the development of the project, the village shall be provided with an irrevocable letter of credit in an amount equal to the expected cost of the public improvements. The developer shall also warrant the public improvements for a period of one year from the date of acceptance of same by the village and shall, at its sole expense, repair or replace, at the village's sole discretion, any public improvements which fail during the one-year period following its acceptance by the village. The value of the letter of credit may be reduced as the village accepts the public improvements, by the value of the work accepted, but 25 percent of the letter of credit shall remain in effect for the duration of the one-year warranty period.

(Ord. No. 137, eff. 3-24-2006)

A zoning board of appeals is hereby established pursuant to the zoning act, the composition, powers and duties of which are prescribed in this division.

(Ord. No. 82, § 20.1, eff. 6-25-1991)

The zoning act is hereby adopted and made a part of this division and the terms of the statute shall prevail, except as modified by the terms of the Code and the Charter which are not in direct conflict thereto.

(Ord. No. 82, § 20.2, eff. 6-25-1991)

The village council shall serve as the zoning board of appeals, or may appoint a separate zoning board of appeals body.

(Ord. No. 82, § 20.3, eff. 6-25-1991)

The zoning board of appeals shall have all jurisdiction and powers granted by the zoning act, all jurisdiction and powers prescribed in other articles of this chapter or in other village ordinances, and the following specific jurisdiction and powers:

(1)

To hear and decide appeals from and review any order, requirements, permit, decision or determination made by the building inspector, zoning administrator or any other administrative official in enforcing the provisions of this chapter. The zoning board of appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, permit, decision or determination as in the zoning board of appeals's opinion ought to be made in the premises, and to that end shall have all the powers of the administrative official from whom the appeal is taken.

(2)

To hear and decide matters referred to it or upon which it is required to pass under any ordinance adopted pursuant to the zoning act of the state, or by other ordinances of the village.

(3)

To make decisions in interpreting this chapter, requested by the planning commission, village administrative staff, an applicant or resident of the village.

(4)

Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the chapter applicable to the matter appealed from, the zoning board of appeals shall have power in passing upon appeals to vary or modify any of its rules, regulations or provisions relating to the construction, structural changes in, equipment, or alteration of buildings or structures or the uses of land, buildings or structures, so that the spirit of the particular chapter shall be preserved, public safety secured and substantial justice done.

(Ord. No. 82, § 20.4, eff. 6-25-1991)

(a)

Intent. These variance review procedures are instituted to provide an opportunity for the relaxation of the terms of this chapter through a variance, where such variance will not be contrary to the public interest and where, owing to the conditions peculiar to the property and not the result of the actions of the applicant, or his predecessors in title, a literal enforcement of the chapter would result in an unnecessary and undue hardship.

(b)

Types of variances considered. As used in this chapter, a variance from the standards of this chapter may be considered by the zoning board of appeals only for height, area and size of building or structure; yard and open space dimensions; accessory building or structures, parking, or uses.

(c)

Variance procedures. An application for approval of a variance shall be made by a property owner or their agent, to the village clerk accompanied by the required submittal information, form and a nonrefundable fee. The application for a variance shall include at least the following:

(1)

A legal description of the subject property.

(2)

A site plan drawn to an engineering scale which illustrates the variance and the relationship to buildings, structures and uses on adjacent lots.

(3)

Dimensional elements for which a variance is requested.

(4)

Dimensional relationships of the subject lot to the structures on all adjacent lots.

(5)

A statement in writing by the applicant or their agent explaining how the variance request meets the standards of subsection (d) of this section.

(6)

The village clerk shall transmit the application materials to the zoning board of appeals and place the appeal on the agenda of the zoning board of appeals.

(7)

The village clerk shall make notice of the appeal in accordance with the procedures of the City and Village Zoning Act.

(8)

An applicant or his agent shall be required to appear before the zoning board of appeals for any requested variances or other action.

(d)

Finding of unnecessary hardship. The zoning board of appeals may grant a use variance only upon finding that an unnecessary hardship exists. A use variance is a variance that permits a use that is otherwise not provided for in a zoning district. A finding of an unnecessary hardship shall require demonstration by the applicant of all of the following:

(1)

The property cannot be reasonably used for any purpose permitted in the zoning district. There must be financial proof of the applicant's inability to realize any reasonable return; speculation or a qualitative assessment is inadequate.

(2)

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. The applicant must demonstrate that there are certain features that make it impossible to earn a reasonable return without some adjustment. In those situations where others share the difficulty, the zoning board of appeals may find that relief should be accomplished by an amendment to the zoning ordinance, not a variance.

(3)

The problem and resulting need for the variance has not been self-created by the applicant.

(4)

The variance will not alter the essential character of the area. In determining whether this criteria, the established type and pattern of land uses in the area and the natural characteristics of the site and surrounding area will be considered.

(Ord. No. 82, § 20.5, eff. 6-25-1991; Ord. No. 130, 9-13-2004)

In reviewing requests for variances to reduce the required setbacks from the Mill Pond and state department of environmental quality-regulated wetlands listed in article IV of this chapter, the zoning board of appeals shall consider the following, in addition to the criteria listed in section 36-75:

(1)

The setback is not necessary to preserve the ecological and aesthetic quality of the Mill Pond or the wetland;

(2)

The natural drainage pattern will not be significantly affected; and

(3)

The requested variance is the minimum necessary to allow the project to proceed.

(Ord. No. 82, § 20.6, eff. 6-25-1991)

The process for an appeal to the zoning board of appeals is illustrated on Figure 3.1 (article IV, division 2 of this chapter) and described in more detail as follows:

(1)

The village clerk shall fix a reasonable time for the hearing of the appeal, which time shall be within 30 days of the receipt of the notice of appeal.

(2)

The village clerk shall notify the applicant and all owners of an interest in lots and within 300 feet of the subject lot upon which a variance is requested, of the time and place of the zoning board of appeals meeting at which such application will be considered; provided, however, that such notice shall be given not less than seven days before such meeting. This notice is to be delivered personally or by mail addressed to the respective owners and tenants at the address recorded in the last assessment roll.

(3)

The board shall consider the application for variance at its next regular meeting, which provides sufficient time for notice, as required heretofore, or within not more than 35 days after receipt of the application by the village clerk, and hear and question any witness appearing before the board.

(4)

The board shall approve, with or without conditions, or disapprove the application and the village clerk shall communicate the action of the board, in writing, to the applicant, the village council, the building inspector, and the village planning commission within one week of the meeting at which it considered the application.

(5)

The village building inspector shall, upon receipt of the notice of approval and upon application by the applicant, accompanied by a receipt duly executed by the village treasurer attesting to the payment of all required fees and issue a building permit or such other approval permitting the variance, subject to all conditions imposed by such approval.

(Ord. No. 82, § 20.7, eff. 6-25-1991)

An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board 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 or by the circuit court for the county, on application, on notice to the zoning administrator and on due cause shown.

(Ord. No. 82, § 20.8, eff. 6-25-1991)

Any interested party may appear and be heard at the hearing in person or by an agent or attorney.

(Ord. No. 82, § 20.9, eff. 6-25-1991)

The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property.

(Ord. No. 82, § 20.10, eff. 6-25-1991)

Matters coming before the board shall be decided within a reasonable time. A concurring vote of a majority of the members of the board shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body, or to decide in favor of the applicant, a matter upon which the board is required to pass under this chapter or other chapters of the Code, except that a concurring vote of two-thirds of the members of the board shall be necessary to grant a variance from uses of land permitted in this chapter.

(Ord. No. 82, § 20.11, eff. 6-25-1991)

The decision of the board shall not become final until the expiration of five days from the date of entry of the order, unless the board shall find the immediate effect of the order is necessary for the preservation of property or personal rights and shall so certify on the record.

(Ord. No. 82, § 20.12, eff. 6-25-1991)

In its decisions the board shall state a finding of facts underlying its decisions.

(Ord. No. 82, § 20.13, eff. 6-25-1991)

Decisions of the zoning board of appeals may be appealed to the appropriate court on the record and for that reason the board shall cause a record to be made of its proceedings.

(Ord. No. 82, § 20.14, eff. 6-25-1991)

(a)

No order of the board permitting the erection or alteration of buildings shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is commenced and proceeds to a completion in accordance with the terms of such permit.

(b)

No order of the board permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that if the use of such permit is dependent upon the erection or alteration of a building, such order shall continue in full force and effect if a building permit for such use, erection or alteration is obtained within such period and such erection or alteration is commenced and proceeds to completion in accordance with the terms of such permit.

(Ord. No. 82, § 20.15, eff. 6-25-1991)