The Village Council, exercising the authority of P.A.110 of 2006, as amended, the Michigan Zoning Enabling Act, hereby provides a Zoning Board of Appeals (ZBA) be established. Upon adoption of this chapter, the ZBA established under the terms of the previous zoning ordinance shall remain in office, including all members thereof.

(Ord. passed 11-16-2020)

   Members of the ZBA shall be the members of the Village Council. Each member shall serve on the ZBA for the same term upon which the member serves on the Village Council. The Council member who also serves on the Planning Commission may not participate in ZBA cases unless the issue being considered at the ZBA has not been presented to the Planning Commission prior to being heard at the ZBA. Pursuant to § 125.3601 Item 2 of P.A.110 of 2006, as amended, the Michigan Zoning Enabling Act.

(Ord. passed 11-16-2020)

   Terms shall be the same term upon which the member serves on the Village Council. A successor shall be appointed not more than one month after the term of the preceding member has expired. Vacancies for unexpired shall be filled for the remainder of the term. A Village ZBA shall not conduct business unless a majority of the regular members of the ZBA is present.

(Ord. passed 11-16-2020)

(Ord. passed 11-16-2020)

   (A)   Any appeal from a ruling of the Zoning Administrator or body concerning the enforcement of the provisions of this chapter shall be made to the ZBA within ten days after the fate of the Zoning Administrator's decision which is the basis of the appeal. Any appeal shall be in writing on standard forms. The Zoning Administrator shall transmit to the Board all documents, or direct copies thereof, constituting the record upon which the action appealed from was taken. Any appeal to the ZBA shall be accompanied with a payment of a fee established by resolution of the Village Council to cover costs of processing such appeal.

   (B)   Appeals to the Board may be taken by any person aggrieved, or by any officer, department, or board of the village. Any party may appear in person or by agent or by attorney at a hearing considering their request or appeal.

   (C)   An appeal stays all proceedings, and thereupon all changes in the status quo of the property concerned shall constitute a violation of this chapter; except the Zoning Administrator may certify to the ZBA after the notice of the appeal shall have been filed with him or her that for reason of facts stated in the certificate, a stay would, in their opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by restraining order, which may be granted by the ZBA, or, on application to the Circuit Court when due cause can be shown.

(Ord. passed 11-16-2020)

   The ZBA shall return a decision upon each case within 30 days of the filing of a request or appeal unless a further time is agreed upon by the parties concerned. Any decision of the ZBA shall not take effect until the expiration of five days after the date of said decision, unless the ZBA certifies on the record that the decision must be given immediate effect for the preservation of property or personal rights. No zoning permit authorized by such a decision shall be issued until the decision has taken effect.

(Ord. passed 11-16-2020)   

   The Sebewaing ZBA shall have the power to act on those matters where this chapter provides for an administrative review, interpretation, or variance as defined in this section. The ZBA shall not have the power to alter or change the zoning district classification of any property, or to make any change in the terms or intent of this chapter.

      (1)   So as to carry out the intent and purposes of this chapter;

      (2)   To determine the precise location of the boundary lines between zoning districts; or

      (3)   To classify a use which is not specifically mentioned as part of the use regulations of any zoning district, so it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district.

      (1)   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.

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

      (3)   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.

      (4)   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.

      (5)   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.

      (1)   In granting a variance, the ZBA may specify, in writing, to the applicant such conditions in connection with the granting, that will, in its judgment, secure substantially the objectives of the regulations or provisions to which such variances apply. The breach of any such conditions shall automatically invalidate the permit granted.

      (2)   Each variance granted shall become null and void unless the provisions of the variance have been utilized by an applicant within six months after the granting of the variance.

      (3)   No application for a variance which has been denied wholly or in part by the ZBA shall be resubmitted for a period of one year, from the date of the last denial, except on grounds and newly discovered evidence or proof of changed conditions found upon inspection by the ZBA to be valid.

      (4)   In authorizing any variance, the ZBA may require a bond be furnished to insure compliance with the requirements, specifications and conditions imposed with the grant of variance.

      (5)   The ZBA may not create a nonconforming use or a use that is more nonconforming than the current nonconforming use. In the same way the ZBA may not create a nonconforming lot or parcel or a lot or parcel that is more nonconforming than the current nonconforming use or create a nonconforming parcel from a conforming parcel.

(Ord. passed 11-16-2020)

   The ZBA, notwithstanding any provisions to the contrary, shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms or intent of this chapter, nor to prohibit a use which is permitted in this chapter, nor may it determine the validity of this chapter.

(Ord. passed 11-16-2020)