As authorized by the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, the Millington Village Council shall serve as the zoning board of appeals (ZBA).

Reserved.

Reserved.

The village council, in its role as ZBA shall adopt rules and regulations, copies of which shall be made available to the public at the village office.

(1)

Meetings of the ZBA shall be held within a reasonable time following the presentation of matters to the board for its consideration and at such other times as the ZBA may determine. The time and place of meetings shall be specified by the ZBA in its rules and regulations.

(2)

The concurring vote of a majority of the members of the ZBA shall be necessary to reverse an administrative decision or grant a variance except that the concurring vote of two-thirds of the members of the board shall be necessary to grant a use variance.

(3)

The ZBA shall keep minutes of its proceedings which shall record all of the following:

(a)

Any action or decision of the ZBA and the vote of each member.

(b)

The absence or failure of a member to vote.

(c)

Any other official action.

(4)

All records shall be filed promptly in the office of the village clerk and shall be a public record.

(5)

The ZBA may call on any other officers or boards of the village for assistance in the performance of its duties.

(6)

For a period of 90 days following a decision by the ZBA, no reconsideration of that decision shall be given unless the board, in its sole discretion, determines that there has been a material change in applicable facts and circumstances.

The ZBA, in conformity with the provisions of this chapter and of Michigan Zoning Enabling Act, PA 110 of 2006, as amended, shall act upon all questions as they arise in the administration of this chapter including:

(1)

Interpretation of the zoning map.

(2)

Interpretation of the zoning text.

(3)

Appeals of any decision of an official or body charged with the administration of the zoning ordinance including decisions by the planning commission on special land use (SLU) requests.

(4)

Issuance of a variance to deviate from the requirements of this chapter.

The ZBA shall consider any questions concerning the location of zoning district boundaries or other issues related to the map. In exercising this authority the ZBA shall use the following standards:

(1)

The ZBA shall use the rules for interpretation of zoning district boundaries found in section 36-301 of this chapter.

(2)

The ZBA's review is to determine what the property is zoned, not what they believe it should be zoned and shall not take actions that constitute a rezoning of property.

The ZBA shall consider any questions concerning the zoning ordinance provisions including the classification of uses that are not specifically listed in the zoning ordinance when such an issue arises. In exercising this authority the ZBA shall use the following standards:

(1)

The ZBA shall use the rules for interpretation of terms found in section 36-201 of this chapter.

(2)

In undertaking the classification of a use that is not specifically listed in the zoning ordinance, the ZBA shall request a recommendation from the planning commission. In classifying a use, the ZBA shall not classify a use as falling into a general category of one zoning district when that use is specifically listed as a use in another zoning district. For example, if drug stores are specifically listed as a use in zoning district "A", the ZBA could not find that drug stores fell under the category of general retail establishment in zoning district "B".

(3)

The ZBA's review is to determine the intention of the planning commission and village council in drafting and adopting the ordinance language and not what they believe it should say. The ZBA shall not take actions that constitute a change in the meaning of the text.

An appeal from any ruling of the zoning administrator or other administrative officer or body administering any portion of this chapter may be requested by any person or any governmental department affected or aggrieved. An appeal taken to the board shall stay all proceedings in furtherance of the action appealed, unless the zoning administrator certifies to the board of appeals after notice of appeal that a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may, on due cause shown, be granted by the board of appeals or by the circuit court on application, after notice to the zoning administrator. In exercising this authority the ZBA shall reverse an administrative decision based on one of the following criteria:

(1)

The action or decision was arbitrary or capricious, or

(2)

The action or decision was based on an erroneous finding of a material fact, or

(3)

The action or decision constituted an abuse of discretion, or

(4)

The action or decision was based on erroneous interpretation of the zoning ordinance or zoning law.

Except as otherwise specifically provided by this chapter, the ZBA may grant a variance from such provisions of this chapter as, building setback requirements, height and bulk requirements, parking requirements, landscaping requirements, and sign regulations. The ZBA may not grant use variances. An issuance of a variance shall occur only if the board finds from reasonable evidence that all of the following facts and conditions exist:

(1)

There are practical considerations regarding the property that will not allow the building/structure to be erected without causing an excessive burden to the development of the property.

(2)

The condition or situation of the property is unique and not shared by neighboring properties in the same zone and amending the ordinance text or rezoning is not a reasonable solution.

(3)

A variance would not be significantly detrimental to adjacent property and the surrounding neighborhood.

(4)

The practical difficulty was not created by an action of the applicant and either existed at the time of adoption of the requirement from which the variance is requested, or is necessary as the result of governmental action such as a road widening.

(5)

The variance is the minimum necessary to permit reasonable use of the land and buildings.

The following procedure shall be followed for an ordinance interpretation, appeal of an administrative decision, or variance request:

(1)

An application for a variance or appeal authorized by this chapter may be taken by any person or governmental department having any legal interest in the property concerned.

(2)

The ZBA shall not consider any application or appeal without the payment by the applicant to the village clerk of a fee, if any, as determined by resolution of the village council. Such application or appeal shall be filed with the zoning administrator who shall transmit the same, together with all plans, specifications and other papers pertaining to the application or appeal, to the board of appeals.

(3)

When an application or appeal has been filed in proper form and with the required data, the ZBA shall fix a reasonable time for the hearing of the appeal. Any interested party may appear at such hearings in person or by agent or by attorney. For requests such as a variance or appeal involving a specific parcel of land the village clerk shall mail notice of the hearing to the applicant and to all residents or owners of real property within 300 feet of the premises in question, as shown on the most recent tax assessment roll at least 15 days prior to the hearing. This includes property outside the village limits. For all hearings, a notice shall be published in a newspaper of general circulation in the village at least 15 days prior to the hearing. Both notices shall include the nature of the hearing, the date, time and location of the hearing, in the case of hearings involving specific parcels of property, the address of the property, or if there is no address a general description of its location and its legal description, the time and place where a copy of the request can be reviewed and how comments can be submitted to the ZBA.

(4)

The board shall decide all applications and appeals within a reasonable time. A copy of the board's decision shall be transmitted to the applicant and to the zoning administrator. Such decision shall be binding upon the zoning administrator and be observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant whenever a permit is authorized by the board.