(a)

Powers. The village shall have a zoning board of appeals (ZBA) with the authority to exercise all powers granted by state law and this article. The ZBA is specifically authorized to hear and decide the following types of applications:

(1)

Variances, both dimensional and use.

(2)

Interpretations of the text and maps of this chapter.

(3)

Appeals of zoning administrator decisions regarding review, administrative departures, use determinations or code interpretation.

(4)

Appeals of planning commission decisions regarding special land uses, site plan review and planned unit development.

(5)

Any other application that the ZBA is required to hear and decide pursuant to state law or the provisions of this chapter.

(b)

Composition. The ZBA shall be composed as follows:

(1)

Regular members. The ZBA shall consist of five regular members appointed by the village council. The ZBA may have one member who is also a member of the village council, and one member who is also a member of the planning commission. Any ZBA member who is also a member of the village council may not chair the ZBA.

(2)

Alternate members.

a.

The village council may appoint up to two alternate members of the ZBA to serve for the same terms as regular members. Alternate members shall not be members of the village council or planning commission.

b.

An alternate member may be called to sit as a regular member of the ZBA in the absence of a regular member or to serve in place of a regular member for the purpose of reaching a decision in a case where the regular member has abstained for reasons of conflict of interest.

c.

The alternate member shall serve on the ZBA until a final decision is made on the application for which the member was called.

d.

When serving, an alternate member shall have the same voting rights as a regular member of the ZBA.

(3)

Qualifications. All ZBA members shall be qualified electors of the village and shall, to the extent possible, be representative of the entire village.

(4)

Terms. The terms of office for members appointed to the ZBA shall be for three years, except for a member serving because of his or her membership on the village council or planning commission, whose term shall be limited to the time he or she is a member of that body. Persons appointed to fill vacancies for unexpired terms shall serve for the remainder of the term.

(5)

Removal. Members of the ZBA may be removed by the village council for misfeasance, malfeasance or nonfeasance upon written charges and after a public hearing.

(c)

Conflict of interest.

(1)

Disclosure. A member shall disclose any conflict of interest with respect to any matter before the ZBA and shall refrain from participating in any hearing, any discussion or any decision on that matter. Failure of any member to do so constitutes misconduct in office.

(2)

Uncertainty. If a member is uncertain regarding a potential conflict of interest, the village manager or zoning administrator shall be consulted and shall make a determination.

(d)

Meetings.

(1)

Scheduling of meetings. Meetings shall be held at the call of the chairperson after receipt of an application and as necessary at a fixed location and shall be open to the public, in accordance with the Open Meetings Act.

(2)

Quorum. The ZBA shall not conduct business unless a majority of the regular members are present. When considering a use variance, a total of four members (which may include an alternate member) must be present.

(3)

Applications reviewed. The ZBA shall set the number of applications that may be reviewed at each meeting. Upon receipt of the established number of applications, additional applications shall be placed on the next available meeting date.

(4)

Official records. The ZBA shall maintain an official record of its proceedings.

(e)

Voting requirements. The concurring vote of at least three ZBA members is necessary to decide any matter upon which the ZBA is authorized to render a decision, except that the concurring vote of at least four members is necessary to grant a use variance.

(f)

Conditions of approval.

(1)

Authority to impose conditions. In making any decision provided for in this chapter, the ZBA may attach any conditions regarding the location, character and other features of the application as it may deem reasonable in furtherance of the intent and spirit of this chapter and the protection of the public interest, or as otherwise permitted by law. Notwithstanding the foregoing, the ZBA has limited authority to impose or modify conditions of approval in appeals from decisions of the planning commission, as provided in section 36-143 of this article.

(2)

Purpose of conditions. Any conditions attached to an approval shall be intended to ensure that affected public services and facilities are 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 ensure compatibility with adjacent uses of land, or to promote the use of land in a socially and economically desirable manner. Conditions imposed shall relate to one or more of the following requirements:

a.

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

b.

Be related to the valid exercise of the village's police power which is affected by the proposed use or activity;

c.

Be necessary to meet the intent and purpose of the zoning requirements, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards;

d.

Be related to support facilities such as parking areas and driveways; pedestrian and vehicular circulation systems; screening and buffer areas; and civic or urban design features of the site.

(3)

Bond or surety. The ZBA may require a performance bond or surety acceptable to the village in an amount equivalent to the project improvements, or infrastructure and service improvements as needed for approval pursuant to section 36-135.

(g)

Decisions.

(1)

Rendering of decisions. The ZBA shall render its decisions in a timely fashion and in a manner that is consistent with the requirements of the applicable zone district or other applicable provisions of this chapter. The ZBA shall specifically state the grounds of any determination, which shall be included in the minutes.

(2)

Duration of approval. Any approval given by the ZBA for a specific property shall be valid for a period of one year, provided the property is used as approved or work has substantially commenced in that period. Upon written request prior to the expiration of the approval, one extension of up to six months may be granted if the ZBA finds that the extension is warranted due to circumstances beyond the control of the applicant.

(3)

Finality of decision; Appeals. The decision of the ZBA shall be final. Appeals may be taken to the Ionia County Circuit Court as provided by state law.

(Ord. No. 2016-3, § 3, 4-18-2016)

(a)

Applications.

(1)

Filing. Applications to the ZBA shall be filed with the village office within any applicable time period established by this article or state law.

(2)

Contents. At a minimum, applications shall include the following:

a.

An application form provided by the village and completed in full and signed by the applicant/appellant, including a detailed description of the nature of the request and why it should be granted.

b.

Information and materials, as listed in the application form, in sufficient detail to evaluate the request and make a determination. This may include a scaled drawing.

c.

The applicable fee established by resolution of the village council.

(3)

Waiting period for reconsideration. No application that is the same or substantially similar to a previous application that was denied in whole or in part by the ZBA shall be submitted for reconsideration for a period of one year from the date of the last denial. An exception may be permitted by the ZBA if the applicant/appellant can demonstrate a change of circumstances from the previously denied application.

(b)

Public hearings. The following review procedures shall apply to all applications to the ZBA:

(1)

Setting of hearing date. The zoning administrator shall review the application for form and completeness and, if the application is accepted, shall inform the ZBA chairperson to set a public hearing date and time.

(2)

Public notice. The ZBA shall provide public notice and conduct a public hearing in accordance with the requirements of state law.

(3)

Testimony. A person may appear and testify at the public hearing, either in person or by a duly authorized agent or attorney. Written comment may also be submitted prior to the public hearing.

(4)

Other Information Required. The ZBA may request other materials deemed necessary. To this end, the chairperson or, in his or her absence, the acting chairperson may administer oaths and compel the attendance of witnesses.

(Ord. No. 2016-3, § 3, 4-18-2016)

(a)

Purpose.

(1)

The variance process is intended to provide limited relief from the requirements of this chapter in those cases where strict application of a particular requirement would create an unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this chapter.

(2)

Variances will not be granted merely to remove inconveniences or financial burdens. The possibility that compliance with the chapter may prove to be more costly or time consuming shall not be part of the consideration of the ZBA.

(3)

Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by an act or omission of the applicant or the applicant's predecessors in title.

(b)

Dimensional standards. A dimensional variance may be allowed by the ZBA only in cases where the applicant establishes a practical difficulty by demonstrating that all of the following conditions exist:

(1)

Exceptional or extraordinary circumstances or conditions. There are exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other properties in the same zone district or in the general vicinity. Exceptional or extraordinary circumstances or conditions may include:

a.

Exceptional narrowness, shallowness or shape of a specific property in existence on the effective date of this chapter or amendment;

b.

Exceptional topographic or environmental conditions or other extraordinary situations on the land, building or structure; or

c.

The use or development of the property immediately adjacent to the subject property would prohibit the literal enforcement of the requirements of this chapter or would involve significant practical difficulties.

(2)

Substantial Property Right. The variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zone district and in the neighboring area.

(3)

Not self-created. The immediate practical difficulty causing the need for the variance was not created by the applicant or the applicant's predecessors in title.

(4)

Likelihood of recurrence. The variance request is not one where the specific conditions pertaining to the property are so general or recurrent in nature as to make the formulation of a general regulation for such conditions reasonably practicable.

(5)

No substantial detriment. The variance shall not cause substantial detriment to adjacent property and the surrounding neighborhood.

(6)

Hazards. The variance shall not increase the hazard from fire, flood or similar dangers.

(7)

Traffic. The variance shall not increase traffic congestion.

(8)

Nuisances. The variance shall not produce nuisance conditions to occupants or nearby premises, whether by reason of dust, noise, fumes, odor, vibrations, smoke or lights.

(9)

Property values. The variance shall not cause a substantially adverse effect upon adjacent property values.

(10)

Master plan/Zoning ordinance. The variance shall be consistent with, and not materially impair, the purpose and intent of the master plan and zoning ordinance, including the zone district.

(c)

Use variances. A use variance may be allowed by the ZBA only in cases where all of the following conditions are met:

(1)

Unnecessary hardship. The condition, location, or situation of the specific property or intended use of the property creates an unnecessary hardship that is unique to that property and the zone district.

(2)

Not self-created. The need for the variance was not created by the applicant or the applicant's predecessors in title.

(3)

No substantial detriment. The use variance shall not alter the essential character of the neighborhood, nor be a detriment to adjacent properties.

(4)

Cannot be reasonably used. The land, building or structure cannot be reasonably used for the permitted uses in the zone district.

(5)

Master plan/Zoning ordinance. The variance shall be consistent with, and not materially impair, the purpose and intent of the master plan and zoning ordinance, including the zone district.

(d)

Consulting with planning commission. Prior to reaching a decision on a use variance, the ZBA may request that the planning commission, following presentation of the request by the applicant, forward an opinion to the ZBA. The planning commission opinion shall be advisory and shall be limited to the effect of the proposed Use variance on the existing or intended character of the neighborhood and the ability of the property owner to use the property for a use already permitted under the zone district.

(e)

Invalidation and abandonment of variances.

(1)

Any variance may be revoked and declared invalid should any of the requirements of this chapter and conditions imposed by the ZBA cannot be met or have failed to be maintained. Such noncompliance shall also be a violation of this chapter.

(2)

That portion of any variance that is granted by the ZBA, but thereafter is physically moved, dimensionally reduced or generally altered by the owner in a way that brings the property closer in conformance with the zone district shall be considered to be abandoned if the use ceases for a period of 12 calendar months or more. The property cannot rely on the original variance to support the claim of hardship if it is demonstrated that the property can, in fact, comply or more closely comply with the requirements of this chapter.

(Ord. No. 2016-3, § 3, 4-18-2016)

(a)

Purpose. The purpose for allowing appeals from decisions of the planning commission, zoning administrator and code enforcement staff is to ensure a review process that is fair and equitable to all affected persons.

(b)

Standing to Appeal. The ZBA may decide appeals made by an applicant or any aggrieved party from any decision of the planning commission, zoning administrator, or any other village official administering this chapter. A party requesting an appeal may appear personally or by agent or attorney.

(c)

Time limits. An appeal shall be filed with the ZBA within 30 days after the date of the decision being appealed. The filing shall specify the grounds of the appeal. The appeal shall be transmitted to the ZBA together with all necessary written documentation regarding the action being appealed. An appeal hearing shall be noticed as required by state law.

(d)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed, unless the zoning administrator certifies to the ZBA that a stay would cause imminent peril to life or property. In this case, the proceedings may only be stayed by a restraining order granted by the Ionia County Circuit Court.

(e)

Review standards. In deciding the appeal, the ZBA shall be limited to determining whether or not the decision that was made was done so using the proper requirements and standards in this chapter. Where the decision being appealed was made after a public hearing with opportunity for public comment, the decision of the ZBA is limited to the information that was available to the initial decision maker. In situations where no public hearing was held prior to the initial decision, and where the appellant did not have an opportunity to present arguments or information, the ZBA may consider additional information such as verbal statements, written information, plans, pictures, sound recordings, or otherwise, as it considers proper.

(f)

ZBA Decision; Conditions. The ZBA may reverse, affirm, or modify, in whole or in part, the order, requirement, decision or determination being appealed. However, the ZBA may not modify or vacate conditions of approval imposed by the planning commission as part of an approval. Further, the ZBA may not impose new conditions when reviewing an approval of the planning commission unless the ZBA determines that the approval was issued in error, and that approval may only be legally given if conditions are imposed.

(Ord. No. 2016-3, § 3, 4-18-2016)

(a)

Purpose. The purpose for seeking interpretations of the zoning ordinance is to ensure a review process that is fair and equitable to all affected persons. The zoning administrator shall first review and recommend ordinance interpretations to the ZBA.

(b)

Text. The ZBA may hear requests for the interpretation of the text of the zoning ordinance. Text interpretations shall be narrow and address only the situation being interpreted, shall be based on a thorough reading of this chapter and shall not have the effect of amending this zoning ordinance. Interpretations shall give weight to practical interpretations by the zoning administrator when applied consistently over a period of time.

(c)

Zoning map. The ZBA may hear requests for the interpretation of the zoning map in the zoning ordinance to determine the precise location of boundary lines between zone districts. Where reasonably possible, zone district boundary lines shall follow lot lines and the center lines of alleys, streets, rights-of-way or watercourses.

(d)

Benefit to property owner. Where the intent of this chapter is unclear and the text or maps can be read to support equally more than one interpretation, the benefit shall go to the property owner.

(e)

Records. Records shall be kept of all interpretations.

(f)

Noticing Requirements. An interpretation hearing shall be noticed as required by state law.

(g)

Attendance. A party requesting an interpretation may appear personally or by agent or attorney.

(Ord. No. 2016-3, § 3, 4-18-2016)