It is the intent of this article to insure that the objectives of this chapter are fully and equitably achieved, that a means be provided for competent interpretation of this chapter, that flexibility be accomplished in the strict application of its provisions, and that the spirit of this chapter be observed, public safety secured, and substantial justice done.

(Ord. No. 04-07, § 1(18.01), 7-12-2004)

(a)

[Established.] There is hereby established a zoning board of appeals, which shall perform its duties and exercise its powers as provided in the Zoning Act.

(b)

[Membership.] The board shall consist of five members appointed by the village council. Each member shall hold office for a three-year term. One member may be a member of the planning commission, serving the same term as on the commission. One member may be a member of the village council, serving the same term as on the council.

(c)

Alternates.

(1)

The council may appoint not more than two alternate members for the same term as regular member of the board.

(2)

An alternate member may be called to sit as a regular member of the board in the absence of a regular member if the regular member will be unable to attend one (1) or more meetings or to serve in place of a regular member for the purpose of reaching a decision in a case where the regular member has abstained for reasons of conflict of interest.

(3)

Once called, the alternate member shall act in place of the regular member on the board until a final decision is made on the application for which the alternate member was called.

(4)

When serving as a member, an alternate member shall have the same voting rights as a regular member of the board.

(Ord. No. 04-07, § 1(18.02), 7-12-2004; Ord. No. 06-02, § 2, 8-14-2006)

(a)

The zoning board of appeals shall adopt rules and/or procedures for the conduct of its meetings and the performance of its powers and duties. The procedures shall be in accord with the provisions of this chapter and applicable state law. The board shall annually elect a chairperson, a vice chairperson, and a secretary.

(b)

Meetings of the zoning board of appeals shall be held at the call of the chairperson and at such other times as the board may specify in its rules of procedure. The applicable provisions of Public Act 267 of 1976, as amended, MCL 15.261 et seq. (Open Meetings Act) shall apply.

(c)

A majority of the total membership of the board, three members, shall comprise a quorum.

(d)

Minutes shall be kept of each meeting and the zoning board of appeals shall record into the minutes all findings, conditions, facts, and other relevant factors, including the vote of each member upon each case. All meetings and records shall be open to the public. All minutes shall be filed in the office of the village clerk. The village clerk, or the clerk's agent, shall act as recording secretary to the zoning board of appeals, including recording the minutes, publishing legal notices, and providing notices to property owners and others required by law.

(e)

Applications shall not be accepted by the zoning administrator unless all of the following information is submitted:

(1)

A completed application form (provided by the village);

(2)

An accurate, scaled site plan with enough information to clearly indicate the nature of the issue being considered. The zoning administrator shall determine the completeness and adequacy of submitted plans.

(3)

An application fee, as determined by the village council from time to time.

(4)

A written explanation from the applicant indicating compliance with the applicable review standards of section 82-544, or other applicable provisions of this chapter.

(f)

The village clerk shall fix a reasonable time and date for a public hearing after receipt of an application as required by this chapter.

(1)

Notice shall be given in accordance with the Zoning Act.

(2)

The board may adjourn any meeting held in order to allow the obtaining of additional information, or other reasons it deems necessary.

(Ord. No. 04-07, § 1(18.03), 7-12-2004; Ord. No. 06-02, § 3, 8-14-2006 )

(a)

The zoning board of appeals shall hear only those matters that it is authorized to hear by the Zoning Act and this chapter and shall render its decision based upon the criteria contained in this chapter. The zoning board of appeals shall hear the following applications in accordance with the indicated procedures and standards.

(b)

Administrative appeals.

(1)

The zoning board of appeals shall hear and decide appeals where it is alleged that there is an error in fact, procedure, or interpretation in any order, requirement, permit, or decision made by the zoning administrator or other body enforcing the provisions of this chapter.

(2)

Reserved.

(3)

All appeals of administrative decisions must be taken within 21 days of the date when the action being appealed was completed. Upon filing of an appeal, the zoning administrator shall transmit all applicable documents and records to the board.

(4)

The hearing procedures for appeals shall be the same as those of subsection 82-543(f).

(c)

Interpretations: The zoning board of appeals shall have the power to make an interpretation of the provisions of this chapter when it is alleged that certain provisions are not clear or that they could have more than one meaning. In deciding upon the request, the board shall insure that its interpretation is consistent with the intent and purpose of this chapter and the article in which the language in question is contained.

(d)

Variances.

(1)

The zoning board of appeals, after public hearing, shall have the power to grant requests for variances from the provisions of this chapter where it is proved by the applicant that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the chapter relating to the construction, equipment, or alteration of buildings or structures.

(2)

Nonuse variance. A nonuse variance may be allowed by the zoning board of appeals only in cases where there is reasonable evidence of practical difficulty related to the property in question in the official record of the hearing and that all of the following conditions are met:

a.

There are exceptional or extraordinary circumstances or conditions applying to the property in question that do not apply generally to other properties in the same zoning district. Exceptional or extraordinary circumstances or conditions include:

1.

Exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter; or

2.

Exceptional topographic conditions or other extraordinary situation on the land, building or structure; or

3.

The use or development of the property immediately adjoining the property in question; whereby the literal enforcement of the requirements of this chapter would involve practical difficulties; or

4.

There is a physical handicap affecting the owners of the property or any member of the family of an owner who resides on the property which impairs the ability of the disabled person to utilize or access the property.

5.

Any other physical situation on the land, building or structure deemed by the zoning board of appeals to be extraordinary.

b.

The condition or situation of the specific parcel of property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or situations.

c.

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

d.

The variance will not be significantly detrimental to adjacent property and the surrounding neighborhood.

e.

The immediate practical difficulty causing the need for the variance request was not created by any affirmative action of the applicant.

f.

The variance will not impair the intent and purpose of this chapter.

g.

The variance, if granted, would be the minimum variance to afford relief and would be the least modification of the applicable provisions of this chapter.

(3)

Use variances: A use variance may be allowed by the zoning board of appeals only in cases where there is reasonable evidence of unnecessary hardship related to the property in question in the official record of the hearing that all of the following conditions are met:

a.

The building, structure, or land cannot be reasonably used for a use allowed in the zone district in which it is located.

b.

The condition or situation of the specific parcel of property or the intended use of such property for which the variance is sought is unique to that property and not commonly present in the general vicinity or in the zone district. Unique conditions or situations include:

1.

Exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter;

2.

Exceptional topographic conditions or other extraordinary situation on the land, building or structure;

3.

The use or development of the property immediately adjoining the property in question; or

4.

Any other physical situation on the land, building or structure deemed by the zoning board of appeals to be extraordinary.

c.

The proposed use will not alter the essential character of the neighborhood or the intent of the master plan.

d.

The immediate unnecessary hardship causing the need for the request was not created by any affirmative action of the applicant.

e.

The variance, if granted, would be the minimum variance to afford relief and would be the least modification of the applicable provisions of this chapter.

(4)

Prior to the decision of the zoning board of appeals on a request for a use variance, the board may request that the planning commission, upon presentation by the applicant, consider the application and forward a report to the zoning board of appeals. The report shall be limited to the planning commission's review of the effect of the proposal on the existing or intended character of the neighborhood (subsection (d)(3)c of this section) and the ability of the property owner to use the property for a use already permitted under the existing zoning classification (subsection (d)(3)a of this section).

(Ord. No. 04-07, § 1(18.04), 7-12-2004; Ord. No. 11-05, § 1, 7-11-2011)

(a)

Except for use variances, the concurring vote of a majority of the entire membership of the zoning board of appeals, (at least three members,) shall be necessary to decide in favor of the applicant for a nonuse variance or other matter upon which the board is required to pass.

(b)

For use variances, a two-thirds vote of the entire membership of the zoning board of appeals, (at least four votes,) shall be required in order to decide in favor of the applicant.

(c)

All decisions of the zoning board of appeals shall become final upon approval of the minutes for the meeting at which the decision was made, unless the board finds, and certifies on the record, that it is necessary for the decision to have immediate effect in order to prevent a hazard, or preserve property or personal rights.

(d)

Every variance granted under the provisions of this chapter shall become null and void unless the construction authorized by such variance has been commenced within six months after the date of the final decision.

(1)

An applicant may, at no cost, request up to one six-month extension of said variance from the zoning board of appeals, if applied for in writing prior to the expiration of the variance approval.

(2)

The zoning board of appeals may grant an extension provided that the original circumstances authorizing the variance have not changed and that the circumstances creating the need for the extension were beyond the reasonable control of the applicant.

(e)

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

(Ord. No. 04-07, § 1(18.05), 7-12-2004)

(a)

The zoning board of appeals may impose, in writing, specific conditions with an affirmative decision pursuant to the Zoning Act. The breach of any condition shall be a violation of this chapter.

(b)

Performance guarantee: The zoning board of appeals may require submission of a performance guarantee in accordance with the provisions of section 82-590 to insure compliance with any conditions or requirements imposed with any decision of the board.

(c)

Certification of compliance: The zoning administrator shall certify whether all conditions and other requirements of a decision reached by the board have been fulfilled, as a precondition to the issuance of any permit required for development, construction, occupancy or use within the area governed by the decision.

(Ord. No. 04-07, § 1(18.06), 7-12-2004)