Membership.

Alternates. The alternate members of the Zoning Board of Appeals may be called as specified herein, to sit as regular members of the Zoning Board of Appeals in the absence of a regular member, if a regular member is absent from or unable to attend one or more meetings of the Zoning Board of Appeals. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member having been called shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals. The decision of whether an alternate member shall sit in the absence of a regular member shall be determined by the Chairman of the Zoning Board of Appeals, and, if there is no Chairman, by a majority of the Zoning Board of Appeals' members then in attendance at a duly called meeting of the same.

To hear and decide appeals from and review any order, requirements, decision or determination made by an administrative official or body charged with the enforcement of this chapter, excluding, however, decisions regarding the authorization of special land uses, rezoning of property, zoning amendments, and planned unit developments which are made by the Village Council or Planning Commission. The Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, permit, decision, or determination as in the Board's opinion ought to be made in the premises, and to that end shall have all the powers of the administrative official from whom the appeal is taken.

The jurisdiction and power to act upon all questions as they may arise in the administration and enforcement of this chapter, including interpretation of the Zoning Map and text of this chapter;

To hear and decide matters referred to the Zoning Board of Appeals or upon which the Zoning Board of Appeals is required to pass under this chapter; and

If there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, the Zoning Board of Appeal is empowered to grant variances from any of the rules or provisions of this chapter relating to the construction of, or structural changes in, or alteration of, buildings or structures, or to any other nonuse-related standards in this chapter, so that the spirit of this chapter shall be observed, public safety secured, and substantial justice done.

That there are exceptional or extraordinary circumstances or conditions applying to the property in question which are different from other properties in the same zoning district or result from conditions which do not exist throughout the Village of Spring Lake.

That such variance is necessary for the preservation and enjoyment of a substantial property right and that the need for such variance was not created by the applicant. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

That the granting of such variance will not be of substantial detriment to adjacent property or materially impair the intent and purposes of this chapter or the public interest.

The condition or situation of the property or its intended use is not of so general or recurrent a nature as to make reasonably practicable a general regulation for the condition or situation.

The enforcement of the literal requirements of this chapter would involve practical difficulties.

There is no reasonable alternative location on the parcel for the proposed improvements for which a variance is sought where such alternative location would eliminate the need for the requested variance or reduce the extent of the condition(s) necessitating the variance.

The requested variance shall not permit the establishment within a district any use which is not permitted within that zone district, or any use for which a special land use permit is required.

Application. The following materials shall be filed with the Zoning Administrator at least 30 days in advance of the next regular meeting of the Zoning Board of Appeals:

After an application for an appeal, a variance, or other authorized relief is complete, has been filed in proper form, and the application fee has been paid, the Zoning Administrator shall transmit to the Zoning Board of Appeals all of the application materials and other evidence relevant to the application.

The Zoning Administrator shall schedule the application for a public meeting within a reasonable time. Notice of hearing shall be given in accordance with § 390-151 of this chapter.

Applicants shall be required to appear before the Board or be represented by a representative who can speak for and make commitments on behalf of the applicant.

The concurring vote of a majority of the full membership of the Zoning Board of Appeals shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body, or to decide in favor of the applicant a matter upon which the Zoning Board of Appeals is required to pass under a provision of this chapter, or to grant a variance from the requirements of this chapter.

The relevant administrative records and orders issued relating to the appeal.

The notice of the appeal.

Such documents, exhibits, photographs, or written reports as may be submitted to the Zoning Board of Appeals for its consideration.

The written decision of the Zoning Board of Appeals stating the conclusions of the Board relative to the appeal, variance, or interpretation, the basis for the decision, and any conditions imposed.

The decision and orders of the Zoning Board of Appeals shall be entered in the official record after they have been signed by the Chairman and after written notice of the decision has been served either in person or by mail, upon the parties to the appeal, the Village Zoning Administrator, and the Village Clerk. The Chairman shall sign the decision within 10 days after the Zoning Board of Appeals reaches its final decision.

The decision and orders of the Zoning Board of Appeals shall become effective five days after the decision and orders are entered on the official record unless the Board shall find immediate effect is necessary to preserve property or personal rights and shall so certify on the record.

A copy of the official record of the appeal shall be made available to the parties to any appeal upon request and after payment of a reasonable fee, as set by the Village Council, sufficient to recover the costs of duplicating such material.

If the Zoning Board of Appeals grants a variance to the appellant, such variance shall be exercised (construction commenced and actively continued) within six months from the date of such action, unless more time is specifically granted by the Zoning Board of Appeals. If the variance is not exercised within six months or any other time frame established by the Zoning Board of Appeals, the variance will be lost unless the failure to exercise is because of an appeal filed with a court of competent jurisdiction, in which case the variance must be exercised within six months of the conclusion of the appeal and any subsequent appeals.