(a)

There is hereby established a Zoning Board of Appeals (ZBA) which shall perform its duties and exercise its power as provided for in the Michigan Zoning Enabling Act, Act 110 of the Public Acts of 2006, as amended, and in such a way that the objectives of this chapter may be achieved; that there shall be provided a means for competent interpretation and controlling flexibility in the application of this chapter that the health, safety, and welfare of the public be secured. The ZBA shall consist of five members as appointed by the village council, for three-year terms.

(b)

The village council may appoint up to two alternate members for three-year terms. An alternate member may be called on a rotating basis by the village clerk to serve as a member of the ZBA in the absence of a regular member if a regular member is absent from or will be unable to attend one or more meetings. An alternate member may also be called to serve as a member of the ZBA for the purpose of reaching a decision on a case in which a regular member has abstained for reasons of conflict of interest. The alternate members having been appointed shall serve in the case until the final decision has been made. The alternate member shall have the same voting rights as a regular member of the ZBA.

(c)

The regular and alternate members of the ZBA shall be selected and appointed by the village council from among the electors residing in the village, and shall be representative of the population distribution and of the various interests present in the village. One of the regular members of the ZBA may be a member of the village planning commission, selected by the planning commission and appointed by the village council. One regular member may be a member of the village council but shall not serve as chairperson of the ZBA. An employee or contractor of the village council may not serve as a member of the ZBA.

(d)

The terms of office of each regular and alternate member shall be for three years, except for members serving because of their membership on the village planning commission or village council, whose terms shall be limited to the time they are members of the planning commission or council, respectively. When members are first appointed, the appointments may be for less than three years to provide for staggered terms. A successor shall be appointed not more than one month after the term of the preceding member has expired. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

(e)

A member of the ZBA may be removed by the village council for misfeasance, malfeasance, or nonfeasance in office upon written charges and after 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.

(f)

The ZBA shall not conduct business unless a majority of the regular members of the ZBA is present.

(g)

A member of the ZBA who is also a member of the village planning commission or village council shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of planning commission or council. However, the member may consider and vote on other unrelated matters involving the same property.

(Ord. No. 216, § 12, 12-15-2008)

(a)

Rules or procedures. The ZBA shall adopt its own rules or procedures as may be necessary to conduct its meeting and carry out its function. The ZBA shall annually elect its own chairperson, and in his or her absence, an acting chairperson.

(b)

Meetings. Meetings of the ZBA shall be held at the call of the chairperson and at such times as the board may determine. Such chairperson, or in his or her absence, the acting chairperson may administer oaths and compel the attendance of witnesses. All meetings of the ZBA shall be open to the public.

(c)

Records. The village clerk shall maintain an accurate file of the ZBA's proceedings and findings, which shall be filed in the office of the village clerk and shall be a public record.

(Ord. No. 216, § 12, 12-15-2008)

The ZBA shall have the authority to act on those matters where this chapter provides for administrative appeal or interpretation of the zoning ordinance, and shall have the authority to authorize a variance as defined in this chapter and laws of the State of Michigan. Such authority shall be subject to the rules and standards in this article. The ZBA shall not have the authority to alter or change zoning district classifications of any property, nor to make any change in the text of this chapter.

(1)

Administrative appeal. The ZBA shall have the authority to hear and decide appeals from and review any administrative order, requirement, decision, or determination made by an administrative official or body charged with administration or enforcement of the zoning ordinance.

(2)

Interpretation of the zoning ordinance. The ZBA shall have the authority to hear and decide appeals or requests for interpretation of the zoning ordinance, including the zoning map. The ZBA shall make such decisions so that the spirit and intent of this chapter shall be observed.

(3)

Variance. The ZBA shall have the authority in specific cases to authorize one or more variances from the strict letter and terms of this chapter by varying or modifying any of its rules or provisions so that the spirit of this chapter is observed, public safety secured, and substantial justice done. A dimensional or nonuse variance allows a deviation from the dimensional or site development requirements of the Ordinance. These include but are not limited to lot area and width regulations, building height and bulk regulations, yard width and depth regulations, and off-street parking and loading space requirements. A use variance authorizes the establishment of a use of land that is otherwise prohibited in a zoning district. The ZBA is not permitted to grant use variances by this chapter.

(4)

Decision by the ZBA. The concurring vote of a majority of the members of the ZBA is necessary to reverse an order, requirement, decision, or determination of an administrative official, commission or council made in the enforcement of this chapter, to decide in favor of the applicant on a matter upon which the ZBA is required to pass under this chapter, or to grant a variance from the terms of this chapter. The ZBA shall render its decision within 60 days of filing of notice of appeal, interpretation, or request for a variance unless an extension of time is necessary to review new information pertinent to making the decision, and is agreed upon by the applicant and a majority of members of the ZBA present. The decision of the ZBA shall be final.

(5)

Additional information and recommendations. To assist with their review and decision making, the ZBA may request a review and recommendation by village staff; the village attorney, planner, or other consultants; and/or the planning commission.

(Ord. No. 216, § 12, 12-15-2008)

An appeal to the ZBA may be taken by a person aggrieved or by an officer, department, board, or bureau of the state or of the village, filing a written notice of appeal with the village clerk. A variance shall be applied for in the same manner and include all information as required by the village. Upon receipt of a notice of appeal, the village clerk shall immediately transmit to the ZBA all of the papers constituting the record upon which the action appealed from was taken. Any appeal from the ruling of the building inspector concerning the enforcement of the provisions of this chapter shall be filed within ten days after the date of the Building Inspector's decision.

(1)

Fees. Upon the filing of an appeal or application to the ZBA by any person other than an officer, department, board or agency of the municipality, the appellant or applicant shall pay a fee to defray the cost of publishing notice of the appeal or application and the ZBA's decision thereon, of hearing and recording the matter, as may be set from time to time by the village council.

(2)

Stay of proceedings. An appeal to the ZBA stays all proceedings in furtherance of the action appealed. However, if the body or officer from whom the appeal is taken certifies to the ZBA after the notice of appeal is filed that, by reason of facts stated in the certificate, a stay would in the opinion of the body or officer cause imminent peril to life or property, proceedings may be stayed only by a restraining order issued by the ZBA or a circuit court.

(3)

Notice for variances. Following receipt of a written request for a variance, the ZBA shall fix a reasonable time for the hearing of the request. A notice of the public hearing shall be published in a newspaper of general circulation in the village not less than 15 days before the date of the hearing. A notice shall also be sent by mail or personal delivery to the owners of property that is the subject of the request. Written notice shall be sent to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the Village of Schoolcraft. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. The notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice. The notice shall do all of the following:

a.

Describe the nature of the request.

b.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

c.

State when and where the request will be considered.

d.

Indicate when and where written comments will be received concerning the request.

(4)

Notice for appeals and interpretations. Following receipt of a written request for an appeal of an administrative decision or interpretation of the Zoning Ordinance, the ZBA shall fix a reasonable time for the hearing of the request, not to exceed 30 days from the date of filing of the notice of appeal or request for interpretation. A notice of the public hearing shall be published in a newspaper of general circulation in the village not less than 15 days before the date of the hearing. A notice shall also be sent by mail or personal delivery to the owners of property that is the subject of the request. If the request for an appeal or interpretation involves a specific parcel, written notice shall be sent to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the Village of Schoolcraft. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. The notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice. The notice shall do all of the following:

a.

Describe the nature of the request.

b.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

c.

State when and where the request will be considered.

d.

Indicate when and where written comments will be received concerning the request.

(5)

Appearance and decision. A party may appear personally or by agent or attorney at the public hearing. The ZBA may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination and may issue or direct the issuance of a permit.

(Ord. No. 216, § 12, 12-15-2008)

(a)

Required findings. The ZBA shall have the power to authorize specific variance from the site development requirements - such as lot area and width regulations, building height and bulk regulations, yard width and depth regulations, and off-street parking and loading space requirements of this chapter - provided that all the required findings listed below are met:

(1)

That there are practical difficulties which prevent carrying out the strict letter of this chapter. These difficulties shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land.

(2)

That practical difficulties exist because of unique circumstances or physical condition such as narrowness, shallowness, shape, or topography of the property involved, or to the intended use of the property uses in the same zoning district, and shall not be recurrent in nature.

(3)

That the practical difficulties or special conditions or circumstances do not result from actions of the applicant.

(4)

That the variance will be in harmony with the general purpose and intent of this chapter and will not cause a substantial adverse effect upon surrounding property, property values, and the use and enjoyment of property in the neighborhood or district.

(5)

That granting the variance will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

(6)

That the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulties.

(7)

That the variance shall not permit the establishment, within a district, of any use which is not permitted by right within the zoning district, or any use for which a special use permit or a temporary use permit is required.

(b)

Conditions. In granting the variance, the ZBA may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards when made part of the terms under which the variance is granted shall be deemed a violation of this chapter and shall automatically invalidate the permit. The conditions may include requirements necessary to achieve any of the following:

(1)

To insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity.

(2)

To protect the natural environment and conserve natural resources and energy.

(3)

To insure compatibility with adjacent uses of land.

(4)

To promote the use of land in a socially and economically desirable manner.

(c)

Granting a variance. No variance in the provisions or requirements of this chapter shall be authorized by the ZBA unless the ZBA finds from reasonable evidence that all the following facts conditions exist:

(1)

That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning classification.

(2)

That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same district and in the vicinity, provided that the possibility of increased financial return shall not be deemed sufficient to warrant a variance.

(3)

That the authorization of such variance will not be of substantial detriment to adjacent property, and will not materially impair the intent and purposes of this chapter or the public health, safety and welfare.

(d)

Bonding. In authorizing any variance, the ZBA may require that a cash deposit, certified check, irrevocable letter of credit, or surety bond acceptable to the village covering the estimated cost of improvements associated with a project for which zoning approval is sought, be deposited with the village clerk to insure faithful completion of the improvements. The performance guarantee shall be deposited at the time of issuance of the permit authorizing the activity or project. The ZBA may not require the deposit of the performance guarantee before the date on which the permit is to be issued. The ZBA shall establish procedures under which a rebate of any cash deposits in reasonable proportions to that ratio of work completed on the required improvements will be made as work progresses.

(e)

Expiration. An approval of a variance shall last for 24 months at which time it will expire unless a building permit (and/or other necessary permits) has been applied for and granted within that time period. Variance approval may be extended one time for a period of up to 12 months with approval of the zoning board of appeals. If the variance approval expires, it may be reapproved through the same process by which it was originally approved.

(Ord. No. 216, § 12, 12-15-2008; Ord. No. 220, § 11, 6-7-2010)

(a)

Appeal. Any party aggrieved by a decision of the ZBA may appeal to the Kalamazoo County Circuit Court. The Circuit Court shall review the record and decision to ensure the decision meets all of the following requirements:

(1)

Complies with the constitution and the laws of the state.

(2)

Is based on proper procedure.

(3)

Is supported by competent, materials, and substantial evidence on the record.

(4)

Represents the reasonable exercise of discretion granted by law to the ZBA.

(b)

Circuit court review. If the court finds the record inadequate to make the review required or finds that additional material evidence exists that with good reason was not presented, the court shall order further proceedings on conditions that the court considers proper. The ZBA may modify its findings and decision as a result of the new proceedings or may affirm the original decision. The supplementary record and decision shall be filed with the court. The court may affirm, reverse, or modify the decision. The court may make other orders as justice requires.

(c)

Filing. An appeal from a decision of the ZBA shall be filed within 30 days after the ZBA issues its decision in writing signed by the chairperson, or within 21 days after the ZBA approves the minutes of its decision.

(Ord. No. 216, § 12, 12-15-2008)