There is hereby established a Zoning Board of Appeals (ZBA), the membership, powers, duties of which are prescribed in Public Act 110 of 2006 (MCL 125.3601 et seq.), as amended. The Zoning Board of Appeals, in addition to the general powers and duties conferred upon it by said Act, in specific cases and subject to appropriate conditions and safeguards, shall interpret and determine the application of the regulations established under this Ordinance in harmony with their purpose and intent as hereinafter set forth.

The Zoning Board of Appeals shall consist of five (5) members appointed by the Village President and approved by the Village Council.

   1.   The members of the Zoning Board of Appeals shall be selected from the electors of the village. The members selected shall be representative of the population distribution and the various interests present in the village. An employee or contractor of the Village Council may not serve as a member of the Zoning Board of Appeals.

   2.   Terms shall be for three (3) years, and the period stated in the resolution appointing them. When members are first appointed, the appointments may be for less than three (3) years to provide for staggered terms. A successor shall be appointed not more than one (1) month after the term of the preceding member has expired. Vacancies for unexpired terms shall be filled for the remainder of the term.

   3.   The Village Council may appoint not more than two (2) alternate members for the same term as regular members to the board. The alternate member(s) has the same voting rights as a regular member of the board when serving. The alternate member appointed to a case shall serve in the case until a final decision is made. An alternate member may be called to serve as a regular member of the board if;

   a.    the regular member is absent from or will be unable to attend one (1) or more meetings, or

   b.   a regular member needs to abstain for reasons of conflict of interest.

A member of the Zoning Board of Appeals may be removed by the legislative body for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office. Conflict of Interest as defined: a) if the member is the applicant b) if the member is a close relative of the applicant c) a business associate of the applicant or the lender or a renter d) if the member could receive financial gain or benefit from the decision e) if the member has participated in a decision that preceded this question.

11.4.1. All decisions of the Board shall be made at a meeting open to the public. All deliberations of the Board constituting a quorum of its member shall take place at a meeting open to the public except as provided in compliance with the Open Meetings Act, Act 267 of 1976 as amended.

11.4.2. A majority of the members of the Board shall constitute a quorum for purposes of transacting the business of the Board and the Open Meetings Act, Act 267 of 1976, as amended. Each member of the Board shall have one (1) vote.

11.4.3. Regular meetings of the Board shall be called as needed in response to receipt of a Notice of Appeal, so long as the meeting is scheduled within twenty (20) days of the notice of Appeal. The meeting can be called by the Zoning Administrator, the Chair of the Appeals Board, or, in his or her absence, the Vice-Chair. Public notice of the date, time, and place of a public meeting of the Board shall be given in the manner required by Act 267 of 1976, as amended.

11.4.4. The business of the Board of Appeals shall be conducted in accordance with its adopted bylaws.

11.4.5. The Chair, or in his or her absence, Vice-Chair may administer oaths and compel the attendance of witnesses.

The Zoning Board of Appeals has the power to act on matters as provided in this Ordinance and Public Act 110 of 2006 (MCL 125.3601 et seq.), as amended. The specific powers of the ZBA are enumerated in the following sections of this Article.

The concurring vote of a majority of the members of the board shall be necessary to reverse an order, requirements, 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 an ordinance, or to effect a variation in an ordinance except that a concurring vote of 2/3 of the members of the board shall be necessary to grant a variance from uses of land permitted in an ordinance.

A member shall be disqualified from a vote in which there is a conflict of interest. Failure of a member to disclose a conflict of interest and be disqualified from a vote shall constitute misconduct in office.

The Board shall hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, or refusal made by the Zoning Administrator or other duly authorized enforcing agent, in enforcing any provision of this Ordinance.

   1.   The Board shall hear and decide requests for interpretation of this Ordinance or the Zoning Map taking into consideration the intent and purpose of the Ordinance and the General Development Plan.

   2.   A record shall be kept by the ZBA of all decisions for interpretation of this Ordinance or Zoning Map and land uses which are approved under the terms of this section. The ZBA may request that the Planning Commission consider initiation of an amendment to clarify a point that has given rise to uncertainty.

Upon an appeal, the Board is authorized to grant a variance from the strict provisions of this ordinance, whereby extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this ordinance. In granting a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this ordinance. Further, in granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance as outlined below. When granting any variance, the Board must ensure that the spirit of the ordinance is observed, public safety secured, and substantial justice done.

   1.   Use variance. The applicant must present evidence to show that if the zoning ordinance is applied strictly, unnecessary hardship to the applicant will result, and that all four of the following requirements are met:

      a.   That the property could not be reasonably used for the purposes permitted in that zone;

      b.   That the appeal results from unique circumstances peculiar to the property and not from general neighborhood conditions;

      c.   That the use requested by the variance would not alter the essential character of the area; and

      d.   That the alleged hardship has not been created by any person presently having an interest in the property.

   2.   Nonuse variances. The applicant must present evidence to show that if the zoning ordinance is applied strictly, practical difficulties will result to the applicant and:

      a.   That the ordinance restrictions unreasonably prevent the owner from using the property for a permitted purpose;

      b.   That the variance would do substantial justice to the applicant as well as to other property owners in the district, and a lesser relaxation than that requested would not give substantial relief to the owner of the property or be more consistent with justice to other property owners;

      c.   That the plight of the landowner is due to the unique circumstances of the property; and

      d.   That the alleged hardship has not been created by any person presently having an interest in the property.

11.6.1. An applicant requesting any action by the Board shall commence such request by filing a notice of appeal, on the form supplied by the Village, accompanied by such appeal fee as determined by the Village Council, and all plans, studies and any other information and data as applicable, all of which shall be made a part of the record.

11.6.2. Every appeal from a determination of the Zoning Administrator or other duly authorized enforcing agent shall be made by the applicant within thirty (30) days of the date of the order issuance or refusal to issue permit, requirement, or refusal.

11.6.3. Upon receipt of a completed application for an appeal, a public hearing shall be held by the Zoning Board of Appeals with advance notice provided in accordance with the requirements of Section 103 of the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.

11.6.4. Any person may appear in person at the public hearing, or be represented by an agent or attorney, and present any evidence in support of their appeal. The Board of Appeals shall have the power to require the attendance of witness, administer oaths, compel testimony, and otherwise cause the production of books, papers, files, and other evidence pertaining to matters properly coming before the Board of Appeals.

11.6.5. The Board shall not decide an appeal until after a public hearing.

11.6.6. The Board may reverse, affirm, vary, or modify, any order, requirement, or determination, as to which it has the power to consider, and have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit.

11.6.7. The Board may impose conditions with any decision. Such conditions imposed shall meet all of the following requirements:

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

   2.   Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

   3.   Be necessary to meet the intent and purpose of the Zoning Ordinance, be related to the standards established in the Ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards. Violations of any of these conditions shall be deemed a violation of this Ordinance, enforceable as such, and/or may be grounds for revocation or reversal of such decision.

11.6.8. All decisions of the Board shall be in writing and so far, as it is practicable, in the form of a general statement or resolution reciting the conditions, facts, and findings of the Board. The applicant shall be advised of the decision after the public hearing unless the Board moves for a continuation of such hearing.

11.6.9. Any decision of the Board favorable to the applicant shall remain valid only as long as the information or data relating thereto are found to be correct, and the conditions upon which the decision was based are maintained.

11.6.10. The Board may reconsider an earlier decision, if, in the opinion of the Board, circumstances justify taking such action.

11.6.11. No order of the Board of Appeals permitting the erection or alteration of a building shall be valid for a period of longer than one (1) year, unless a land use and building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

No order of the Board of Appeals permitting a use of a building or premises shall be valid for a period longer than one (1) year, unless such use is established within such period; provided, however, that such order shall continue in force and effect if a land use and 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.

11.6.12. Any person or persons, or any board or department of the Village having an interest affected by a decision of the Board shall have the right to appeal to the circuit court on questions of law and fact. Such appeal must be taken within twenty-one (21) days after the date of the Board’s decision. A request for reconsideration under subsection (10) above shall not toll the time for taking such appeal. In the event a request for reconsideration is granted, the time period for appeal shall commence from 21 days from the date of the decision of the meeting where the appeal was reconsidered. In any event, only one request for reconsideration on each appeal shall be allowed.

The various parts of this ordinance shall be deemed severable. Should any section, paragraph, or provision hereof be held by the courts to be unconstitutional or invalid, such holding shall not affect the validity of this Ordinance as a whole or any part thereof, other than the part held to be unconstitutional or invalid.

All Ordinances or portions, thereof, which are in conflict with this Ordinance are hereby repealed.

Public hearing having been held hereon, the provisions of this Ordinance shall take effect upon the expiration of seven days after publication, pursuant to the provision of Section 401 (6), Act 110 of the Public Acts of 2006, as amended.