There is hereby established a Zoning Board of Appeals, which shall perform its duties and exercise its powers as provided by Public Act 110 of 2006, also known as the Michigan Planning Enabling Act, being M.C.L.A. §§ 125.3101 through 125.3702, as amended, in such a way that the objectives of this code shall be enforced, the public health and safety secured, and substantial justice done.

(Prior Code, § 743.01)

   (A)   The Zoning Board of Appeals shall consist of no less than three regular members, each to be appointed for a term of three years; provided that appointments for the first years shall be for a period of one, two, and three years respectively, so as nearly may be to provide for the appointment of an equal number each year, depending in the number of members; thereafter, each member to hold office for the full three-year terms. Of the membership of the Zoning Board of Appeals, one member shall be a member of the Planning Commission.

   (B)   The Council may appoint not more than two alternate members for the same term as regular members of the Zoning Board of Appeals. The alternate members may be called on a rotating basis to sit as regular members of the Zoning Board of Appeals in the absence of a regular member. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals.

   (C)   The Council may, during the unavailability of the Zoning Board of Appeals, act for it upon all appropriate questions arising under this chapter.

(Prior Code, § 743.02) (Ord. 06-02, passed 7-17-2006; Am. Ord. -, passed 2-6-2017)

   The Board shall adopt its own rules of procedure as may be necessary to properly conduct its meetings. The concurring vote of two-thirds of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the administrative official or to decide in favor of the applicant any matter upon which they are required to pass under this chapter or to effect any variation in this chapter.

(Prior Code, § 743.03)

   (A)   Meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board in its rules of procedure may specify.

(Prior Code, § 743.04)

   (B)   All meetings of the Zoning Board of Appeals shall be open to the public. Minutes shall be recorded on all proceedings which shall contain evidence and the final disposition of each case. The grounds of every determination shall be so stated and the determination from which the appeal is taken. The minutes shall accompany and be attached to the standard forms required of persons appealing as part of the Zoning Board of Appeals' permanent records. The minutes shall be filed in the office of the Village Clerk and shall be sent promptly to the applicant or appellant and to the Zoning Inspector. The Village Clerk may act as Secretary to the Zoning Board of Appeals. The Village Attorney shall act as legal counsel for the Board and shall be present at all meetings upon the request of the Board. Other knowledgeable persons may also be utilized in an advisory capacity.

(Prior Code, § 743.05)

   (A)   The Board of Appeals shall have the power to interpret the provisions of this chapter, and grant variances from the strict application of any provisions of this chapter.

   (B)   Where a proposed interpretation of this chapter effectually changes the language herein, the Zoning Board will recommend an appropriate amendment to the Planning Commission.

(Prior Code, § 743.06)

   A variance from the terms of this chapter shall not be granted by the Board of Appeals unless and until:

   (A)   A written application for a variance is submitted, demonstrating that:

      (1)   Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

      (2)   Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter; and

      (3)   Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other land, structures, or buildings in the same district.

   (B)   No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance;

   (C)   The Board of Appeals shall make findings that the requirements of this chapter have been met by the applicant for a variance;

   (D)   The Board of Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure;

   (E)   The Board of Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare;

   (F)   In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 152.392;

   (G)   Under no circumstances shall the Board of Appeals grant a variance to allow a use not permitted under the terms of this chapter in the district; and

   (H)   The Zoning Board of Appeals when considering a variance must provide notice of the consideration to all residences within 300 feet and provide notice in a newspaper of general circulation 15 days in advance of the variance consideration.

(Prior Code, § 743.07) (Ord. 06-02, passed 7-17-2006)

   (A)   Generally. The following provisions shall apply.

   (B)   Specifically.

      (1)   Each variance granted under the provisions of this chapter shall become null and void unless the construction authorized by the variance or permit has been commenced within 90 days after the granting of the variance and pursued diligently to completion.

      (2)   No application for a variance which has been denied wholly or in part by the Board of Appeals shall be resubmitted for a period of 365 days from the denial, except on grounds of new evidence or proof of changed conditions found by the Board of Appeals to be valid.

(Prior Code, § 743.08)

   (A)   Appeals; how taken. Appeals from the ruling of the Zoning Inspector may be made to the Board of Appeals in the following manner.

      (1)   The person, firm, or agent thereof making the appeal shall file in writing to the Zoning Inspector a letter stating what the specific appeal is and the reasons for the appeal.

      (2)   The Zoning Inspector shall submit the written appeal, along with all papers constituting the record from which the action appealed was taken, to the Zoning Board of Appeals.

   (B)   Who may appeal. Appeals to the Board of Appeals may be taken by any person aggrieved, or by an officer, department, board, agency, or bureau of the village, county, or state.

   (C)   Fee for appeal. A fee prescribed by the Council shall be submitted to the Clerk at the time of filing the letter of appeals. The appeals fee shall immediately be placed in the Village General Fund.

   (D)   Effect of appeal; restraining order. An appeal shall stay all proceeding in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal shall have 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 proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by the Circuit Court, on application, on notice to the officer from whom the appeal is taken and on due cause shown.

   (E)   Hearing by the Board of Appeals; requests; notice; hearing. When a request for appeal has been filed in proper form with the Board of Appeals, the Secretary or Village Clerk shall immediately place the request for appeal upon the calendar for hearing, and cause notice, stating the time, place, and object of the hearing to be served personally or by registered return receipt mail at least ten days prior to the date of the hearing, upon the party or parties making the request for appeal.

   (F)   Representation at hearing. At the hearing, any party or parties may appear in person or by agent or by attorney.

   (G)   Decisions of the Board of Appeals and appeals to the Circuit Court. The Board of Appeals shall decide upon all appeals within a reasonable time and reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Zoning Inspector from whom the appeal is taken. The Board of Appeals decision of the appeal shall be in the form of a resolution containing a full record of the findings and determinations of the Board of Appeals in each particular case and the signatures of each member of the Board of Appeals affixed thereon. Any persons having an interest affected by the resolution shall have the right to appeal to the Circuit Court on questions of law and fact.

(Prior Code, § 743.09)

 

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(Prior Code, App. 6)