There is hereby established a Zoning Board of Appeals (herein referred to as the "ZBA"), which shall perform its duties and exercise its power as provided for in this Ordinance and the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, in such a way that the objectives of this Ordinance shall be served, public health, safety and welfare protected and substantial justice done.

The Village Council shall serve as the Zoning Board of Appeals. In the event a member of the Village Council is replaced through election or other means, their replacement shall automatically fill the vacancy on the ZBA.

The ZBA shall adopt rules of procedure as may be deemed necessary to properly conduct business and organize meetings, in addition to the following:

A.

The Village President shall preside as Chair of the ZBA. The ZBA shall elect a Vice-Chair and Secretary annually from its membership.

B.

All meetings of the ZBA shall be held at the call of the Chair at such times as the ZBA may determine.

C.

The ZBA shall render decisions upon all matters within a reasonable time.

D.

The ZBA may distribute the application materials to the Village Manager or designee or other designated Village consultants to review the application and provide a report to the ZBA that addresses applicable Ordinance issues, whether the issue in question can be resolved by other means defined in this Ordinance, and how the request may affect the Master Plan and any sub-area plans.

E.

The ZBA may request that any or all of the following information be provided to the ZBA by the Village Clerk or Village Building Official, where available and applicable to the issue in question:

1.

The history of development on the site in question;

2.

A summary of past Village approvals, orders and decisions related to the site or issue in question;

3.

Whether all outstanding infractions related to this Ordinance or other Village ordinances have been resolved, other than the issues to be addressed by the ZBA.

F.

A concurring vote of a majority of the total ZBA membership shall be necessary to render a decision. The ZBA shall not conduct business unless a majority of its members are present.

G.

The Secretary shall keep minutes of the proceedings, record the vote of each member upon each question, indicate absences and abstentions, and keep records of hearings and other official action. Such minutes shall also be filed with the Village Clerk.

H.

The ZBA shall have the power to require attendance of witnesses, and compel testimony and the production of documents, files and other information pertinent to the matters before it.

Applications to the ZBA shall be filed with the Village, and a fee established by Village Council shall be paid at the time the application is filed. Applications shall be accompanied by the following information, where applicable:

A.

Applicant's name, address, telephone number, and email address.

B.

The address, location and tax identification number for each parcel involved in the request.

C.

Zoning classification of the subject parcel(s) and all abutting parcels.

D.

A plot plan, drawn to scale, with a north-arrow, existing lot lines, street rights-of-way, easements, building and structures, setback dimensions, parking areas, driveways, sidewalks and other site improvements.

E.

A letter from the applicant summarizing the request, and stating the reasons for the request.

F.

Any additional information deemed necessary by the ZBA to make a determination on the issue in question.

A.

The ZBA shall hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the person or body charged with administration or enforcement of the Zoning Ordinance. Such appeals may be taken to the ZBA by the person, firm or corporation aggrieved, or by an officer, department, board or bureau of the Village affected by the order, requirement, decision or determination, provided that a notice of appeal application is filed with the Village within a reasonable time of the order, requirement, decision or determination, not to exceed twenty-one (21) days.

B.

An appeal shall stay all administrative or enforcement proceedings associated with the appeal, unless the Village Building Official certifies to the ZBA that, by reason of facts stated in the certificate, a stay in the opinion of the Village Building Official would cause imminent peril to life or property.

C.

The ZBA shall reverse an administrative decision only after finding that the order, requirement, decision or determination was arbitrary or capricious, based upon an erroneous finding of a material fact, constituted an abuse of discretion, or based upon an erroneous interpretation of the Zoning Ordinance.

A.

The ZBA shall have the power to hear and decide requests for interpretations of Zoning Ordinance provisions in such a way as to preserve and promote the character of the zoning district in question and carry out the intent and purpose of this Ordinance, the Master Plan or any sub-area plans. This shall not include use determinations as provided for in this Ordinance, except upon appeal of a determination that has been made.

B.

In recognition that every potential use cannot be addressed in this Ordinance, the ZBA shall have the authority, upon referral by the Village Manager or designee or appeal of the Village Manager or designee's determination, to determine whether a proposed use not listed in this Ordinance is similar to a principal or special approval use permitted by this Ordinance, subject to the following:

1.

Prior to making such a determination, the ZBA must find that the principal or special approval use closely resembles the proposed use in terms of characteristics, intensity, nature and other applicable common elements of such uses, including but not limited to potential impacts on property values, traffic generated, aesthetics, noise, vibration, dust, smoke, odor, glare and other objectionable impacts on public health, safety and welfare.

2.

The ZBA may make a determination that the use is or is not similar to a use listed in this Ordinance.

3.

If it is determined that there is no similar use listed in this Ordinance, the use shall be prohibited.

4.

If it is determined that the proposed use is similar to a use listed in this Ordinance, the proposed use shall comply with any conditions or special approval use standards that apply to the listed use.

C.

Variances. The ZBA shall have authority in specific cases to authorize one (1) or more dimensional or "nonuse" variances from the strict letter and terms of this Ordinance by varying or modifying any of its rules or provisions so that the spirit of this Ordinance is observed, public safety secured, and substantial justice done. A dimensional or non-use variance allows a deviation from the dimensional (i.e., height, bulk, setback) requirements of the Ordinance.

1.

The ZBA may grant a requested "non-use" variance only upon a finding that practical difficulties exist. A finding of practical difficulties is when the applicant has demonstrated 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 ordinance conformity unnecessarily burdensome.

b.

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

c.

The variance requested is the minimum variance needed to provide 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, and cannot be solely economic in nature.

e.

The problem and resulting need for the variance has been created by strict compliance with the Zoning Ordinance, not by the applicant or the applicant's predecessors.

To hear and decide requests for exceptions and other matters upon which this Ordinance specifically authorizes the ZBA to act. Any exception shall be subject to such conditions as the ZBA may require to preserve and promote the purpose of this Ordinance, and the character of the zoning district in question.