Webberville City Zoning Code

ZONING BOARD

OF APPEALS

§ 153.035 CREATION AND MEMBERSHIP.

(A) Establishment. There is hereby established a Village Zoning Board of Appeals in accordance with Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 through 125.3702, as amended. The Board of Appeals shall perform its duties and exercise its powers as provided by Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 through 125.3702, as amended, and in such a way that the objectives of this chapter may be equitably achieved, that there shall be provided a means for competent interpretation and controlled flexibility in the application of this chapter, and that the health, safety, and welfare of the public be secured, and that substantial justice be secured.

(B) Membership; terms of office. The legislative body of the village may act as or appoint a Zoning Board of Appeals. In the event that the legislative body appoints, the Zoning Board of Appeals must consist of not less than five members, each to be appointed for a term of three years: provided, that appointments for the first year shall be for a period of one, two, and three years respectively, so as nearly as may be to provide for the appointment of an equal number each year, depending on the number of members, thereafter each member to hold office for the full three-year period. Members of the Zoning Board of Appeals shall be removed by the Village Council for nonfeasance, malfeasance, and misfeasance of office.

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

§ 153.036 ORGANIZATION AND PROCEDURES.

(A) Rules of procedure. The Zoning Board of Appeals shall adopt its own rules of procedure as may be necessary to conduct its meeting and carry out its function. The Board shall choose its own Chairperson, and in his or her absence, an Acting Chairperson.

(B) Meetings. Meetings shall be held at the call of the Chairperson and at such times as the Zoning Board of Appeals may determine. All meetings by the Board shall be open to the public.

(C) Records. Minutes shall be recorded of all proceedings which shall contain evidence and date relevant to every case considered together with the votes of the members and the final disposition of each case. The minutes shall be filed in the office of the Village Clerk and shall be made available to the general public. The Village Clerk shall act as Secretary to the Board of Appeals and all records of the Board's action shall be taken and recorded under his or her direction.

(D) Counsel. The Village Attorney shall act as legal counsel for the Board and shall be present at all meetings upon request by the Board. The Board may also request a review and opinion from the Village Planner.

(E) Hearings. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to all persons to whom any real property within 300 feet of the premises in question shall be addressed, the notice to be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll and shall decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make the order, requirement, decision, or determination as in his or her opinion ought to be made in the premises and to that end shall have all powers of the officer from whom the appeal is taken.

(F) Decisions. The Board of Appeals shall return a decision case within 120 days after a request or appeal has been filed, unless a further time is agreed upon with the parties concerned. Any decision of the Board shall not become final until the expiration of five days from the date of entry of the order, unless the Board shall find the immediate effect of the order is necessary for the preservation of property or personal rights and shall so certify on the record.

(G) Majority vote. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which they are required to pass under this chapter or to effect any variation in this chapter.

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

§ 153.037 APPEALS.

(A) Filing of appeals. Appeals to the Zoning Board of Appeals may be made by any person aggrieved, or by any officer, department, or board of the village. Any appeal from the ruling of the Zoning Administrator concerning the enforcement of the provisions of this chapter may be made to the Zoning Board of Appeals within ten days after the date of the mailing of the Zoning Administrator's decision. The appeal shall be filed with the Secretary of the Board of Appeals and with the Zoning Administrator, and shall specify the grounds for the appeal. The Zoning Administrator shall immediately transmit to the Secretary of the Board all papers constituting the record upon which the action appealed from was taken.

(B) Stay. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Zoning Board of Appeals after notice of appeal has been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Appeals or, on application, by court of record.

(C) Fees. A fee as established by the Village Council shall be paid to the Secretary of the Board of Appeals at the time of filing application with the Board. The purpose of the fee is to cover, in part, the necessary advertisements, investigations, and other expenses incurred by the Board in connection with the appeal.

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

§ 153.038 DUTIES AND POWERS.

(A) Generally. The Village Board of Appeals shall not have the power to alter or change the zoning district classification of any property, not to make any change in the terms or intent of this chapter, but does have power to act on those matters where this chapter provides for an administrative review, interpretation, variance, or exception as defined in this section.

(B) Review. The Board shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the Building Inspector or by any other official in administering or enforcing any provisions of this chapter.

(1) Interpret, upon request, the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter;

(2) Determine the precise location of the boundary lines between zoning districts;

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

(4) Determine the off-street parking and loading space requirements or any use not specifically mentioned in §§ 153.100 and 153.101.

(D) Variances. The Board shall have the power to authorize, upon an appeal, specific variances from the requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, provided all of the basic conditions listed herein and any one of the special conditions listed thereafter can be satisfied. The Board shall not have the power to grant "use variances" or allow a use in a zoning district that is not permitted in that district.

(1) Basic conditions. That any variance granted from this chapter:

(a) Will not be contrary to the public interest or to the intent and purpose of this chapter.

(b) Shall not permit the establishment within a district of any use which is not permitted by right within that zone district, or any use or dimensional variance for which a conditional use permit or a temporary use permit is required.

(c) Will not cause a substantial adverse effect upon property values in the immediate vicinity or in the district in which the property of the applicant is located.

(d) Is not one where the specific conditions relating to the property are so general or recurrent in nature as to make the formulation of a general regulation for the conditions reasonably practical.

(e) Will relate only to property that is under control of the applicant.

(2) Special conditions. When all of the foregoing basic conditions can be satisfied, a variance may be granted when any one of the following special conditions can be clearly demonstrated:

(a) Where there are practical difficulties or unnecessary hardships which prevent carrying out the strict letter of this chapter. These hardships or difficulties shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land;

(b) Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape, or topography of the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the same zoning district. The circumstances or conditions shall not have resulted from any act of the applicant subsequent to the adoption of this chapter; and/or

(c) Where the variation is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.

(3) Rules. The following rules shall be applied in the granting of variances.

(a) The Board may specify, in writing, the conditions regarding the character, location, and other features that will, in its judgment, secure the objectives and purposes of this chapter. The breach of any such condition shall automatically invalidate the permit granted.

(b) Each variance granted under the provisions of this chapter shall become null and void, unless:

1. The construction authorized by the variance or permit has been commenced within six months after the granting of the variance; and/or

2. The occupancy of land, premises, or buildings authorized by the variance has taken place within one year after the granting of the variance.

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

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

§ 153.039 ESSENTIAL SERVICES.

The Zoning Board of Appeals shall have the power to permit the erection and use of a building, or an addition to an existing building, of a public service corporation or for public utility purposes, in any permitted district to a greater height or of larger area than the district requirements herein established, and permit the location in any use district of a public utility building, structure, or use if the Board shall find the use, height, area, building, or structure reasonably necessary for the public convenience and service.

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

§ 153.040 BOND FOR COMPLIANCE.

In authorizing any variance, or in granting any conditional, temporary, or special approval permits, the Village Board of Appeals may require that a bond be furnished to insure compliance with the requirements, specifications, and conditions imposed with the grant of variance or permit and to insure the discontinuance of a temporary use by a stipulated time.